Division of Purchasing - Access Washington Home · Web viewPlacements made using the authority...

State of Nevada Brian SandovalDepartment of Administration Governor

Purchasing Division Julia TeskaDirector

515 E. Musser Street, Suite 300Carson City, NV 89701 Greg Smith

Administrator

State of Nevada

Purchasing Division

Request for Proposal: 3091For

COPIERS, PRINTERS AND RELATED DEVICES

Release Date: June 10, 2014

Deadline for Submission and Opening Date and Time: August 20, 2014 @ 2:00 PM PDT

Refer to Section 8, RFP Timeline for the complete RFP schedule

For additional information, please contact:

Shannon Berry, Assistant Chief Procurement Officer

State of Nevada, Purchasing Division

515 E. Musser Street, Suite 300

Carson City, NV 89701

Phone: 775-684-0171

Email address: [email protected] (TTY for Deaf and Hard of Hearing: 1-800-326-6868

Ask the relay agent to dial: 1-775-684-0171/V)

Refer to Section 9 for instructions on submitting proposals

Copiers, Printers and Related Devices RFP No. 3091 of 86

mailto:[email protected]

VENDOR INFORMATION SHEET FOR RFP 3091

Vendor Must:

A) Provide all requested information in the space provided next to each numbered question. The information provided in Sections V1 through V6 will be used for development of the contract;

B) Type or print responses; and

C) Include this Vendor Information Sheet in Tab III of the Technical Proposal.

V1 Company Name

V2 Street Address

V3 City, State, ZIP

V4 Telephone NumberArea Code: Number: Extension:

V5 Facsimile NumberArea Code: Number: Extension:

V6 Toll Free NumberArea Code: Number: Extension:

V7

Contact Person for Questions / Contract Negotiations,including address if different than above

Name:Title:Address:Email Address:

V8 Telephone Number for Contact PersonArea Code: Number: Extension:

V9 Facsimile Number for Contact PersonArea Code: Number: Extension:

V10 Name of Individual Authorized to Bind the OrganizationName: Title:

V11Signature (Individual must be legally authorized to bind the vendor per NRS 333.337)

Signature: Date:


TABLE OF CONTENTS

1. PROJECT OVERVIEW 42. ACRONYMS/DEFINITIONS 73. SCOPE OF WORK 194. COMPANY BACKGROUND AND REFERENCES 355. COST/PRICING REQUIREMENTS 416. FINANCIAL 457. WRITTEN QUESTIONS AND ANSWERS 468. RFP TIMELINE 479. PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT 4710. PROPOSAL EVALUATION AND AWARD PROCESS 5811. TERMS AND CONDITIONS 5912. SUBMISSION CHECKLIST 71ATTACHMENT A – CONFIDENTIALITY AND CERTIFICATION OF INDEMNIFICATION 72ATTACHMENT B – TECHNICAL PROPOSAL CERTIFICATION OF COMPLIANCE73ATTACHMENT C – VENDOR CERTIFICATIONS 74ATTACHMENT D – WSCA-NASPO MASTER AGREEMENT TERMS AND CONDITIONS 75ATTACHMENT E – INSURANCE SCHEDULE FOR RFP 3091 76ATTACHMENT F – REFERENCE QUESTIONNAIRE 77ATTACHMENT G – PROPOSED STAFF RESUME 78ATTACHMENT H – STATE OF NEVADA REGISTRATION SUBSTITUTE IRS FORM W-9 79ATTACHMENT I – COST SCHEDULE 80ATTACHMENT J – COST PROPOSAL CERTIFICATION OF COMPLIANCE 81ATTACHMENT K – CERTIFICATION REGARDING LOBBYING 82ATTACHMENT L – FEDERAL LAWS AND AUTHORITIES 83ATTACHMENT M – 2013 SUMMARY USAGE 84ATTACHMENT N – STATES INTENT TO PARTICIPATE 85ATTACHMENT O – MODEL SERVICE LEVEL AGREEMENT 86ATTACHMENT P – DETAILED SALES DATA REPORTING 87


A Request for Proposal (RFP) process is different from an Invitation to Bid. The State expects vendors to propose creative, competitive solutions to the stated problem or need, as specified below. Vendors’ technical exceptions and/or assumptions should be clearly stated in Attachment B, Technical Proposal Certification of Compliance with Terms and Conditions of RFP . Vendors’ cost exceptions and/or assumptions should be clearly stated in Attachment J, Cost Proposal Certification of Compliance with Terms and Conditions of RFP. Exceptions and/or assumptions will be considered during the evaluation process; however, vendors must be specific. Nonspecific exceptions or assumptions may not be considered. The State reserves the right to limit the Scope of Work prior to award, if deemed in the best interest of the State per NRS 333.350(1).

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to, NRS 281A and the Governor’s Proclamation, which can be found on the Purchasing Division’s website (http://purchasing.state.nv.us).

1. PROJECT OVERVIEW

1.1 PURPOSE

The State of Nevada, Purchasing Division (Lead State) is requesting proposals for Copiers, Printers and Related Devices in furtherance of the WSCA-NASPO Cooperative Purchasing Program (WSCA-NASPO). The purpose of this Request for Proposals is to establish Master Agreements with qualified manufacturers to provide copiers, printers and related devices as well as software bundles that enable and enhance the capabilities of devices. The objective of this RFP is to obtain best value, and in some cases achieve more favorable pricing, than are obtainable by an individual state or local government entity because of the collective volume of potential purchases by numerous state and local government entities. The Master Agreements resulting from this procurement may be used by state governments (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the individual state procurement director and compliance with local statutory and regulatory provisions.

This RFP is designed to provide interested Vendors with sufficient information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or exclude any relevant or essential data. Vendors are encouraged to expand upon the specifications to add service and value consistent with RFP requirements.

1.2 LEAD STATE SOLICITATION NUMBER AND CONTRACT ADMINISTRATOR

The State of Nevada, Purchasing Division is the Lead State and issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is Solicitation/RFP #3091. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

The Lead State Contract Administrator identified on the first page of this RFP is the single point of contact during this procurement process. Vendors and interested persons shall direct to the Lead State Contract Administrator all questions concerning the procurement


http://purchasing.state.nv.us/

process, technical requirements of this RFP, contractual requirements, requests for brand approval, change, clarification, and protests, the award process, and any other questions that may arise related to this solicitation and the resulting Master Agreement.

1.3 WSCA-NASPO BACKGROUND INFORMATION

WSCA-NASPO is a cooperative purchasing program of all 50 states, the District of Columbia and the territories of the United States. The Program is facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a nonprofit subsidiary of the National Association of State Procurement Officials (NASPO). NASPO is a non-profit association dedicated to strengthening the procurement community through education, research, and communication. It is made up of the directors of the central purchasing offices in each of the 50 states, the District of Columbia and the territories of the United States. The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. For more information consult the following websites www.wsca-naspo.org and www.naspo.org.

1.4 PARTICIPATING STATES

In addition to the Lead State conducting this solicitation, Participating States listed in Attachment N have requested to be named in this RFP as potential users of the resulting Master Agreement. WSCA-NASPO permits other entities to become Participating Entities after award of the Master Agreement. State-specific terms and conditions that will govern each State’s Participating Addendum and may be incorporated into the Participating Addendum after award.

As the Participating States have widely varying needs, this RFP has been designed to encompass all of these needs. As each state signs their Participating Addendum, it is the intention that they will select the options that best suit their needs.

A Participating State may evaluate and select a vendor for award in more limited geographical areas where judged to be in the best interests of the state or states involved. Administration of any such award(s) will be done by the Participating State(s) involved unless the awarded contract includes the Lead State in its geographical area.

Any Participating State reserves the right to award partial commodity categories or not participate in the award if deemed to not be in the best interests of that Participating State. Additionally, an Award under any subsequent contract does not authorize the awardee to conduct sales in any state without an authorizing Participating Addendum for that awardee.

1.5 DEVICE GROUPINGS

This RFP and subsequent Master Agreement will include groupings of copiers, printers and related devices as well as software bundles that enable and enhance the capabilities of devices. The groupings are:


http://www.naspo.org/

http://www.wsca-naspo.org/

Group DevicesA Copiers Black & White B Copiers Color C Wide Format Devices (B&W and Color)D Printers (B&W and Color)E Digital DuplicatorsF Scanners

In addition to these groupings, there are segments within each grouping to denote the minimum speed for the device requested.

The following items are excluded from the above segments and this RFP: Managed Print Services, Cameras, Interactive White Boards, Micrographic Equipment, and Overhead Projectors.

1.6 The scope of the project is copiers, printers and related devices with software sales and service throughout the Lead State and the additional states indicating interest in participating in an eventual contract. The solicitation and eventual awards shall be limited to manufacturers of copiers, printers and related devices (including private labeled devices) due to the complexity of this program and geographic diversity.

1.7 The process for this solicitation and eventual contract is as follows:

1.7.1 The RFP will be drafted and issued by the State of Nevada;

1.7.2 The RFP process will be governed by the Laws and Codes of the State of Nevada;

1.7.3 A recommendation of award will be issued by the State of Nevada, based on the Evaluation Committee’s results, to the WSCA-NASPO Cooperative Purchasing Organization;

1.7.4 If approved, the WSCA-NASPO Master Service Agreement will be executed (Attachment D) by the Awarded Vendors and the State of Nevada;

1.7.5 Each Participating State or Entity must then execute a Participating Addendum with any of its unique Terms and Conditions.

1.8 CONTRACT TERM

It is anticipated that this RFP will result in multiple Master Agreement awards for each group. The contract period shall be for five (5) years. Placements made using the authority provided by this Contract will survive the Contract itself, per terms stated in Section 3.3.10 Survivability.


1.9 WSCA-NASPO ADMINISTRATIVE FEE

1.9.1 The Awarded Vendors will remit to the WSCA-NASPO Cooperative Purchasing Organization a WSCA-NASPO Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal.

1.9.2 Additionally, some states may require an additional fee be paid directly to the state on sales made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contractor may adjust the Master Agreement pricing discount accordingly for sales made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee.

1.10 ANTICIPATED USAGE

Attachment M contains the historical usage data from the previous contract. No minimum or maximum level of sales volume is guaranteed or implied.

2. ACRONYMS/DEFINITIONS

2.1 The following acronyms and definitions apply to this Request for Proposals (RFP) and any subsequent contracts.

Acronym DescriptionAcceptance A written notice from a Purchasing Entity to Contractor advising Contractor

that the Product has passed its Acceptance Testing. Acceptance of a Product for which acceptance testing is not required shall occur following the completion of delivery, installation, if required, and a reasonable time for inspection of the Product, unless the Purchasing Entity provides a written notice of rejection to Contractor.

Acceptance Testing

The process for ascertaining that the Product meets the standards set forth in the section titled Standard of Performance and Acceptance of the WSCA-NASPO Master Agreement Terms and Conditions, prior to Acceptance by the Purchasing Entity.

Accessory Any item that may be added to the base marking engine.

Assumption An idea or belief that something will happen or occur without proof. An idea or belief taken for granted without proof of occurrence.


Acronym DescriptionAuthorized Dealer (“dealer”)

Authorized dealer (hereafter referred to as “dealer”) will be defined as a manufacturer’s authorized sales and service center that must be certified by the manufacturer to sell the manufacturer’s products, perform machine installation and maintenance on machines offered by the manufacturer at the time of bid. A Customer must be able to, at a minimum, be able to visit the sales and service center to view and test models.

This term encompasses “Value Added Resellers (VARs), Distributors, Resellers, Local Dealers, Partner, Franchise, etc.”

Awarded Vendor The organization/individual that is awarded and has an approved contract from the State of Nevada for the services identified in this RFP.

BOE State of Nevada Board of Examiners

Cancelable Rental A cancelable rental shall meet the financial requirements of an Operation Lease but shall be cancelable given 30 days written notice to the Awarded Vendor at any point during the rental term with or without penalty.

Capital Lease A capital lease is classified by the Customer as a purchase and must meet one or more of the following criteria:

The lease term is greater than 75% of the property’s estimated economic life.

The lease contains an option to purchase the property for less than fair market value.

Ownership of the property is transferred to the Customer at the end of the lease term.

The present value of the lease payment exceeds 90% of the fair market value of the property.

Such leases shall be subject to monthly payment reduction by the Awarded Vendor upon renewal, based upon the depreciated value. The depreciated value must be disclosed to the Customer at the time of the renewal; and the renewal rate is subject to the same terms and conditions under the contract with the Awarded Vendor.

Confidential Information

Any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal. Refer NRS 333.020(5) (b).

Contract Approval Date

The date the State of Nevada officially approves and accepts all contract language, terms and conditions as negotiated between the State and the Awarded Vendor.


Acronym Description

Contract Award Date

The date when vendors are notified that a contract has been successfully negotiated, executed and is awaiting approval of the Board of Examiners.

Contractor The company or organization that has an approved contract for delivering Products or performing services under the terms and conditions set for in the WSCA-NASPO Master Agreement. The contractor has full responsibility for coordinating and controlling all aspects of the contract, including support to be provided by any subcontractor(s). The contractor will be the sole point of contact with the State relative to contract performance.

Cross Reference A reference from one document/section to another document/section containing related material.

Customer State governments (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the individual state procurement director and compliance with local statutory and regulatory provisions.

Division/Agency The Division/Agency requesting services as identified in this RFP.

Embedded Software

One or more software applications which permanently reside on a device.

Engineering Drawing Sizes

The following engineering drawing sizes will be utilized:

EPEAT Electronic Product Environment Assessment Tool. EPEAT registered means products that have been decaled to meet the requirements of IEEE 1680.2, Standard for Environmental Assessment of Imaging Equipment.

Equipment Downtime

Equipment downtime will be defined as the period of time a piece of equipment is waiting for service to be completed.

Equipment Functions and Options

The following definitions shall prevail for the various copier functions and options:

Automatic Document Feeder (ADF) – An accessory that “holds a stack of originals and feeds them automatically, one at a time to the exposure glass for scanning/copying.” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide.


U.S. Customary Drawing SizesA 8.5” x 11”B 11” x 17”C 17” x 22”D 22” X 34”E 34” X 44”

Acronym Description Automatic Exposure Selection (AES) – “The exposure is adjusted

automatically when copying from originals with different background shadings.” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide.

Automatic Magnification Selection (AMS) – “After detecting the correct size of each original document, the copier automatically calculates the correct magnification (zoom) ratio to fit the paper size selected by the operator.” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide.

Automatic Paper Selection (APS) – “A built-on sensor detects the size of the original and the copier selects the proper paper size.” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide.

Automatic Tray Switching (ATS) – “A feature that enables a copier to automatically switch from a depleted paper source to another in the midst of a copy job, effectively increasing overall productivity.” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide.

Automatic Start (AS) – “Copiers with this feature may be programmed for a job by the user before the copier is warmed up. Once programming is complete, the user presses the print (start) button and the machine automatically begins copying after warm-up temperature is attained.” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide.

Base Cabinet – A base cabinet is utilized for a console device in order to utilize the device as a standalone unit (resting on the floor) instead of a paper-feed unit.

Paper-Feed Units – “Expands the paper capacity by providing two or more additional paper sources (cassettes, drawer or trays).” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide. Additionally, paper-feed units act as a support for base units to utilize the device as a standalone unit (resting on the floor) instead of a base cabinet. For Segments 2 (console), 3 and 4, the paper-feed units include a minimum of two (2) paper cassettes, drawers or trays.

Bypass Paper Supply – “A side opening tray into which copying materials” (Buyers Laboratory Inc., 2003 Multifunction Specification Guide) may be inserted for the use of copying onto. A bypass paper supply will be configured for multiple sheets of copying material.

Data Security Kit – The kits and software required to enable the


Acronym Descriptionencryption of all data written to the hard drive.

Finisher – An accessory “that delivers finished (stapled) sets into an offset catch tray(s).” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide. Additionally, finishers are subdivided into the following classifications:

o Advanced Finisher – A finisher that is free standing from the output device, offers at a minimum 50 page multi position stapling capacity and can be configured with any combination of three-hole punching and saddle stitch finishing (booklet making).

o Basic Office Finisher – A finisher that is free standing from the output device and offers at a minimum, 50 page stapling capacity.

o Internal/Wing Finisher – A finisher that either is internal to the device or is an attachment to the output side of the device and offers at a minimum, 25 page stapling capacity. Wing finishers are not free standing by original manufacturing design and rely on the output device for support.

Network Connectivity Kit – All parts, boards and software (internal to the machine) to sufficiently enable the copier to network print, scan to network folder, scan to e-mail (including server based or POP3) and scan to desktop.

Network Security Kit – All necessary parts and software to enable encrypted communications between print drivers and a copier including any necessary specialized print drivers

Post Process Insertion Unit – An accessory that allows for the insertion of substrates without requiring the material to be fused.

Reversing Automatic Document Feeders (RADF) – A feeder that performs the same functions as an ADF with the added capability to automatically invert (turn) a two-sided original to copy material off of both sides.

Scan Speed – The speed a device scans originals through the document feeder at 600 x 600 DPI resolution or better.

Evaluation Committee

An independent committee comprised of a majority of State officers or employees established to evaluate and score proposals submitted in response to the RFP pursuant to NRS 333.335.


Acronym DescriptionException A formal objection taken to any statement/requirement identified within the

RFP.

Fair Market Value Lease

The customer may purchase the device at the end of the term at the then Fair Market Value. All fair market value leases shall have an end of term buyout to own value that is determined by the then current market price. Such leases shall be subject to monthly payment reduction by the Awarded Vendor upon renewal, based upon the depreciated value. The depreciated value must be disclosed to the Customer at the time of the renewal; and the renewal rate is subject to the same terms and conditions under the contract with the Awarded Vendor.

First Time Fix The measurement of a successful service and technical support call is defined by the dealer’s or manufacturer’s ability to remedy the underlying issue on the first service call. This measurement shall be that no other service calls are placed for the same issue within a 90 day period of time.

Goods The term “goods” as used in this RFP has the meaning ascribed to it in NRS §104.2105(1) and includes, without limitation, “supplies”, “materials”, “equipment”, “devices”, and “commodities”, as those terms are used in NRS Chapter 333.

Inside Delivery A predetermined inside location for installation of purchased, rented or leased devices.

Intellectual Property

Any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein.

Key Personnel Vendor staff responsible for oversight of work during the life of the project and for deliverables.

LCB Legislative Counsel Bureau

Lead State The State conducting this cooperative procurement, evaluation, award, and administering any resulting Master Agreements on behalf of the WSCA-NASPO Cooperative Purchasing Program.

Lease of Equipment

For financial accounting purposes, a lease for equipment in any resulting contract is one which:

Does not meet the criteria of a finance lease as defined by SSAP 21. Risk and rewards of ownership lie with the Awarded Vendor and/or;

The Customer cannot be liable for an residual risks associated with the assets and/or;

An operating lease is accounted for by the Customer without showing


Acronym Descriptionan asset (for the equipment) or a liability (for the lease payment obligations) on its balance sheet and/or;

Periodic payments are accounted for by the Customer as operating expenses for the period.

Lemon Clause Lemon laws are American state laws that provides a remedy for purchasers of consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. Lemon law is the common nickname for these laws, but each state has different names for the laws and acts.

LOI Letter of Intent - notification of the State’s intent to award a contract to a vendor, pending successful negotiations; all information remains confidential until the issuance of the formal notice of award.

Manufacturer Defined as a company that, as its primary business function, designs, assembles, owns the trademark/patent and markets multifunction devices. The manufacturer’s original OEM name shall appear on the device from the original point of manufacturer, even if labeled by a third party.

Manufacturer Suggested Retail Price (MSRP)

List price or recommended retail price of a product is the price which the manufacturer recommends that the retailer sell the product. MSRP is pricing provided to Buyers Laboratory Inc. (BLI) by manufactures.

Master Agreement The underlying agreement executed by and between the Lead State, acting on behalf of WSCA-NASPO, and the Contractor, as now or hereafter amended.

May Indicates something that is recommended but not mandatory. If the vendor fails to provide recommended information, the State may, at its sole option, ask the vendor to provide the information or evaluate the proposal without the information.

Must Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

NAC Nevada Administrative Code –All applicable NAC documentation may be reviewed via the internet at: www.leg.state.nv.us .

Newly Manufactured

“Units that have not been previously used and are currently being marketed by the manufacturer.” – Buyers Laboratory Inc., 2003 Multifunction Specification Guide. New machines consist of all new or remanufactured parts with no used parts or components and the marking engine must be new and not used or remanufactured. New devices have never been under lease or placed as a demonstration or test machine, since original manufacture.


http://www.leg.state.nv.us/

http://en.wikipedia.org/wiki/Warranties

http://en.wikipedia.org/wiki/Remedy_(law)

http://en.wikipedia.org/wiki/State_law_(United_States)

http://en.wikipedia.org/wiki/United_States

Acronym DescriptionNOA Notice of Award – formal notification of the State’s decision to award a

contract, pending Board of Examiners’ approval of said contract, any non-confidential information becomes available upon written request.

Non-Cancelable Rental

The customer may not purchase the device at the end of the initial, or any subsequent renewal term. All non-cancelable rentals shall not have a buyout to own option and all Customers will be remitting payment for the usage of the device only. Such rentals shall be subject to monthly payment reduction by the Awarded Vendor upon renewal, based upon the depreciated value. The depreciated value shall never reach a value that would result in the transfer of the asset to the Customer. The depreciated value must be disclosed to the Customer at the time of the renewal; and the renewal rate is subject to the same terms and conditions under the contract with the Awarded Vendor.

NRS Nevada Revised Statutes – All applicable NRS documentation may be reviewed via the internet at: www.leg.state.nv.us .

Operational Lease Operational lease is used to acquire devices on a relatively short term basis with no benefit of ownership to the lessee; no buy-out will be considered.

Order or Purchase Order

Any purchase order, sales order, contract or other document used by a Purchasing Entity to order the Products.

Pacific Time (PT) Unless otherwise stated, all references to time in this RFP and any subsequent contract are understood to be Pacific Time.

Participating Addendum(PA)

A bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions.

Participating Entity

A state, or other legal entity, properly authorized to enter into a Participating Addendum.

Participating State A state, the District of Columbia, or one of the territories of the United States that is listed in the Request for Proposal as intending to participate. A Participating State is not required to participate through execution of a Participating Addendum. Upon execution of the Participating Addendum, a Participating State becomes a Participating Entity.

Participating State Contract Administrator

Each state shall assign a Contract Administrator all state acquisitions and shall define the Contract Administrator for political subdivision acquisitions if different from the Contract Administrator.

Product Any equipment, software (including embedded software), documentation, service or other deliverable supplied or created by the Contractor pursuant to the Master Agreement. The term Products, supplies and services, and


http://www.leg.state.nv.us/

Acronym Descriptionproducts and services are used interchangeably in these terms and conditions.

Power Protection A device that provides the following protection for power irregularities for smaller voltage machines (up to 15 amps):

Fax/Modem Protection:o In/Out RJ11 modem jackso FCC Registration numbers must be marked on each unito Must contain automatic re-settable fuse in protection circuito Must incorporate a wideband DSL filter

Network Protection:o In/Out RJ45 modular jackso ETL Verified to TIA/EIA-568-B.2 Cat5e standard

Frequency Attenuation:o Normal Mode: 30 dB min, 45 kHz – 23 MHzo Common Mode: 30 dB min, 20kHz – 30 MHz

Remnant voltage, IEEE C62.41 Cat. B Impulse, neutral-ground: 50 Volt peak max.

UL Suppressed Voltage Rating of 330 volts on all modes.

Unit must operate in continuous mode – no over voltage shut off disconnect.

Unit must not provide power if wall outlet is reversed wired, not properly grounded or missing.

Minimum of 3 AC receptacles, including 1 flexible (“pigtail”) outlet.

UL Listed and marked on each product.

Proposal The official written response submitted by a Vendor in response to this RFP.

Proprietary Information

Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract. (Refer to NRS 333.020 (5) (a).

Public Record All books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. (Refer to NRS 333.333 and NRS 600A.030 [5]).

Purchasing Entity A state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a


Acronym DescriptionParticipating Addendum, who issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.

Redacted The process of removing confidential or proprietary information from a document prior to release of information to others.

Refurbished A product which received major maintenance (and/or minor repair) including the replacement of all normal parts subject to wear during the normal course of use.

Remanufactured The process of disassembling products known to be worn or defective that can be reused or brought up to OEM specification by: cleaning, repairing or replacing in a manufacturing environment and; then reassembled to sound working condition, and tested. The remanufactured product is ready for a second life, performing as new. A product is considered remanufactured if:

Its primary components come from a used product.

The used product is dismantled to the extent necessary to determine the condition of its components.

The used product's components are thoroughly cleaned and made free from rust and corrosion.

All missing, defective, broken or substantially worn parts are either restored to sound, functionally good condition, or they are replaced with new or remanufactured parts.

The product is in sound working condition from machining, rewinding, refinishing or other operations that are performed as necessary.

The product is reassembled, tested, and a determination is made that it will operate like a new product.

Response Time This time starts with the original service call into the dealer or manufacturer and ends once all repairs, part installations, equipment modifications and equipment configuration changes have been completed and the equipment functions in accordance with manufacturer published specifications.

RFP Request for Proposal - a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection as defined in NRS 333.020(8); including all parts, sections, exhibits, attachments and amendments.

Service Base Location

The place of business where, as a regular course of business, the manufacturer or dealer provides the warehousing of parts and training for service technicians.


Acronym DescriptionService Call An on-site technician visit due to machine error or breakdown requiring the

on-site services of an authorized service technician to remedy the error.

Service Response Time

The time required to solve a service call beginning from the time the call is logged with the Awarded Vendor until either an Authorized Service Technician arrives on-site or the issue is resolved through the Awarded Vendor’s phone support.

Service Zone The following table provides the definitions for three separate Service Zones based on the distance from the Awarded Vendor’s closest Service Base Location:

Service Zone Definition

Urban

Within a 60 mile radius of closest Service Base Location, within 60 miles of the State Capital or within 60 mile radius of a Metropolitan Statistical Area.

RuralOutside a 60 mile radius from closest Service Base Location, the State Capital or a Metropolitan Statistical Areas.

RemoteAreas inaccessible via road from any Urban or Rural Service Zone regardless of distance.

Shall Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

Short Term Rental A Short Term Rental shall:

Meet the financial requirements of an Operational Lease but shall be cancelable given 30 days written notice to the Awarded Vendor at any point during the rental term.

Not exceed a total term of 18 months for Used or Refurbished devices.

Should Indicates something that is recommended but not mandatory. If the vendor fails to provide recommended information, the State may, at its sole option, ask the vendor to provide the information or evaluate the proposal without the information.

SSAP 21 The Statements of Statutory Accounting Principles (SSAP) are a set of accounting regulations prescribed by the National Association of Insurance Commissioners for the preparation of an insuring firm's financial statements.

State The State of Nevada and any agency identified herein; and any other state who has executed a Participating Addendum to any subsequent contract resulting from this RFP.

Subcontractor Third party, not directly employed by the contractor, who will provide Copiers, Printers and Related Devices RFP No. 3091 of 86

Acronym Descriptionservices identified in this RFP. This does not include third parties who provide support or incidental services to the contractor.

Trade Secret Information, including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that: derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain commercial or economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Type of Devices The following definitions of the types of copiers and printing devices will prevail:

A) Copiers Black & White – A machine that makes exact paper copies of printed or graphic materials in black and white only.

B) Copiers Color – A machine that makes exact paper copies of printed or graphic materials in black and white and more than one color.

C) Wide Format Devices – A printer that prints larger that 11x17 paper, which typically use ink jet technology to print on a variety of output mediums.

D) Printers (Color and Black & White) – Device does not copy as the primary function and does not allow 11x17 paper. Printer shall include an inkjet or laser-printer print engine. Printer equipment may include the function of network printing as the primary function and the functionalities of copying/scanning/faxing (or e-fax) as a convenience.

E) Digital Duplicator – High production device with a stencil ink and a drum. Devices making use of templates to create large volume of documents quickly at the lowest cost per copy.

F) Scanners – A device used to convert paper documents into digital images.

Useful Life Period during which an asset or property is expected to be usable for the purpose it was acquired.

User State governments (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the individual state procurement director and compliance with local statutory and regulatory provisions.


Acronym Description

Vendor Organization/individual submitting a proposal in response to this RFP.

Will Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a proposal as non-responsive.

Working Days Monday through Friday, not including State Observed Holidays, defined in Section 2.3.

2.2 STATE OBSERVED HOLIDAY

The State observes the holidays noted in the following table. When January 1st, July 4th, November 11th or December 25th falls on Saturday, the preceding Friday is observed as the legal holiday. If these days fall on Sunday, the following Monday is the observed holiday.

Holiday Day ObservedNew Year’s Day January 1Martin Luther King Jr.’s Birthday Third Monday in JanuaryPresidents' Day Third Monday in FebruaryMemorial Day Last Monday in MayIndependence Day July 4Labor Day First Monday in SeptemberNevada Day Last Friday in OctoberVeterans' Day November 11Thanksgiving Day Fourth Thursday in NovemberFamily Day Friday following the Fourth Thursday in NovemberChristmas Day December 25

3. SCOPE OF WORK

Vendors shall respond in the form of a thorough narrative that meets or exceeds each specification and/or requirement. Narratives, including required supporting materials, will be evaluated and awarded points accordingly.

3.1 SEGMENTS

The following Segments shall be utilized to group the various speeds of copiers within Groups A, B, C, D and E:

Group A – Copiers B&W

Segment Speed in Pages Per Minute (PPM)A3 31 – 40A4 41 – 69A5 70 – 90A6 91 – 119A7 120 – 139


A8 140 – 159A9 160+

Group B – Copiers Colors

Segment Speed in Pages Per Minute (PPM)B3 31 – 40B4 41 – 69B5 70 – 90B6 91 – 119B7 120 – 139B8 140 – 159B9 160+

Group C – Wide Format Devices (B&W and Color)

Segment Speed in Square Feet Monthly (SFM)* D Size a Minute

Low 500 – 10,000 4+ Medium 10,001 – 50,000 9+

High 50,001+ 20+

*Vendors may propose alternate print options; however, must include a method to convert to SFM.

Group D – Printers (B&W and Color)

Segment Speed in Pages Per Minute (PPM)D1 Up – 20D2 21 – 40D3 41 – 60

Group E – Digital Duplicator

Segment Speed in Pages Per Minute (PPM)E1 100 – 130E2 131 – 150E3 151 – 180E4 181+

Group F – ScannersSegment Speed in Pages Per Minute (PPM)

F1 50 – 59F2 60 – 69F3 70 – 79F4 80 – 89 F5 90+


3.2 PROPOSAL REQUIREMENTS

All proposing Vendors must meet the requirements of this section.

3.2.1 The Vendors must be a manufacturer of copiers, printers or related devices as defined within this RFP.

3.2.2 Devices must be manufactured or private labeled by the Vendor. Other devices may be allowed for production (100+ pages per minute) or wide format configurations.

3.2.3 Vendors must provide service and supply programs and pricing for each copier model and/or printing device proposed. Such pricing must be expressed as a cost per impression.

3.2.4 Manufacturers may only submit one response and may not submit multiple responses for any additional brand names.

3.2.5 To be eligible for award, Vendor agrees to pay a WSCA-NASPO administrative fee as specified in Section 1.9 of the RFP and Section 26 of the WSCA-NASPO Master Agreement Terms and Conditions. Moreover, specific summary and detailed usage reporting requirements are prescribed by Attachment P and Section 27 of WSCA-NASPO Master Agreement Terms and Conditions. Awarded Vendor shall identify the person responsible for providing the mandatory usage reports, which this information must be kept current during the contract period. Reporting contact must be provided within 15 days of Master Agreement being executed.

3.2.6 Vendors are required and must provide leasing rates for Operational Leases, Capital Leases, and Fair Market Value Leases. These rates will be a not-to-exceed rate throughout the term of the contract.

3.2.7 Vendors are requested to offer and provide rental rates for Non-Cancelable Rentals and Cancelable Rentals. These rates will be a not-to-exceed rate throughout the term of the contract.

3.2.8 Pricing for this RFP and any subsequent contract must be expressed as a discount from Manufacturer Suggested Retail Price (MSRP). MSRP must be a published figure with the Buyers Laboratory Inc. (BLI). Discounts from list may be increased during the term of the contract by an Awarded Vendor. The WSCA-NASPO Contract Manager and the Participating State Contract Administrator must be notified of any such increase in discount. At no time during the contract period may the discount be reduced.

3.2.9 All pricing must be FOB Destination with either Freight Prepaid and Added or Freight Prepaid and Allowed, as defined in the Participating Entities PA.

3.3 PROJECT PROVISIONS

3.3.1 Additional Offered Devices and Software


Awarded Vendors may offer additional devices and software within each awarded grouping so long as the device meets or exceeds the requirements of the RFP and subsequent contract; and meets or exceeds the discount of the bid device or software within the same grouping and segment. Any such additional device offering will be subject to review and approval by the Lead State Contract Administrator and Participating State Contract Administrator.

3.3.2 Authorized Dealers

During the Master Agreement period, Participating State Contract Administrator may remove a dealer from the list of those designated to service the Master Agreement at any time without further explanation or process. The Awarded Vendor may propose dealer additions or deletions for consideration and agrees to provide interim service should any listed resource become unavailable or deemed unsuitable by the Participating State Contract Administrator. The decision about the suitability of dealers will be solely that of the Participating State Contract Administrator. Further, the Participating State Contract Administrator or the Participating Addendum will have the authority to dictate classifications of dealers that may service the contract (such as local dealers only).

3.3.3 Dedicated Contract Website

Awarded Vendors must maintain a contract website for each Participating State. The purpose of this website is to inform end users of the individual state programs under any subsequent Participating Addendum. Such Contract Websites shall, at a minimum, contain:

3.3.3.1 Product offerings and options, limited to the products, services and financial vehicles approved by each state through their Participating Addendum or the Participating State Contract Administrator.

3.3.3.2 Up to date pricing discount and leasing or rental rates.

3.3.3.3 Authorized dealers within the Participating States that are authorized to service the Contract.

3.3.4 End of Term Notification

Awarded Vendors must notify a Customer, in writing, 90 days prior to the end of any financing term or Service and Supplies term.

3.3.5 Device Additions/Deletions

During the term of the contract, Awarded Vendors may add or delete contract devices introduced or removed from the market by the manufacturer provided the added device falls within the scope of the Awarded Vendor’s awarded contract. Awarded Vendor shall update its dedicated contract websites to reflect this change. New devices must be adequately described and the associated price list must be updated to reflect the new devices prices. Pricing must utilize the same


pricing structure as was used for other devices falling into the same product category. The pricing structure will be dictated by the purchase price determined from the discount from MSRP. Lease and rental pricing will be dictated by the quoted leasing and rental rates applied to the purchase price. Such additions and deletions must be approved by the Lead State Contract Administrator and as applicable Participating State Contract Administrator.

3.3.6 Device Inspection/Testing/Acceptance

Inspections, tests, measurements, or other acts or functions performed by the ordering Customer shall in no manner be construed as relieving the Awarded Vendor from full compliance with contract requirements. At a minimum, an installed device must demonstrate the capability of providing the functions and services specified in the manufacturer’s published literature.

No contract term for service, supplies, lease payments or rental payments may begin prior to successful delivery, installation and acceptance of the ordered device by the Customer. As such, no valid invoice may be issued by the Awarded Vendor prior to the acceptance by the Customer.

3.3.7 Order of Precedence, Incorporated Documents, Conflict and Conformity

3.3.7.1 Incorporated Documents

Each of the documents listed below will be, by this reference, incorporated into any resulting Contract as though fully set forth herein.

A. The Request for Proposal document with all attachments and all amendments thereto;

B. Contractor’s Response to the Request for Proposal; and

C. Contractor or manufacturer publications, written materials and schedules, charts, diagrams, tables, descriptions, other written representations and any other supporting materials Contractor made available to Purchaser and used to affect the sale of the Product to the Purchaser.

3.3.7.2 Order of Precedence

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:

A. A Participating State or Entity’s unique terms and conditions as presented in the Participating Addendum;

B. The Executed WSCA-NASPO Master Agreement;


C. A Purchase Order issued against the Master Agreement;

D. The State of Work;

E. The Solicitation RFP #3091, including all attachments and amendments and any Participating Entity terms and conditions attached as exhibits or attachments; and

F. Contractor’s response to the Solicitation RFP #3091, as revised (if permitted) and accepted by the Lead State.

3.3.7.3 Conflict

To the extent possible, the terms of the Master Agreement shall be read consistent and complementary. Any conflict among the documents shall be resolved by giving priority to the documents in the order listed above. Awarded Vendors terms and conditions that apply to the Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment.

3.3.7.4 Conformity

If any provision of this Contract violates any Federal or State statute or rule of law, it is considered modified to conform to that statute or rule of law.

3.3.8 Owned Device Trade-In

Awarded Vendors may allow for Customers to trade-in owned device as part of a new agreement under this contract, according to State regulations and laws. The value for the trade-in will be negotiated by the Awarded Vendor and Customer at the time of the transaction and may not include any disposal or shipping fees.

3.3.9 Participating Addendum

Participating States or Participating Entities may, through a Participating Addendum, limit:

3.3.9.1 The awardees;

3.3.9.2 Available financial vehicles;

3.3.9.3 Device Groupings, segments, models, standardized configurations, available accessories, available software;

3.3.9.4 Inclusions of additional items (i.e. moves within the state, inclusion of staples within the Service and Supplies rate);

3.3.9.5 Exclusion of geographical areas; and


3.3.9.6 As well as additional items as deemed necessary by the Participating State or Entities.

3.3.9.7 Participating States may also, through the PA, expand or restrict these options for Participating Political Subdivisions or other eligible entities.

3.3.10Survivability

3.3.10.1 Placements made using the authority provided by this Master Agreement will survive the Master Agreement itself based on each Participating State or Entity Terms and Conditions in its PA. Those Customers purchasing, renting or leasing the device will continue to receive ongoing service from the Awarded Vendor at the agreed upon Contract rate through the term of their placement contract agreement.

3.3.10.2 Those Customers purchasing devices will receive ongoing service from the Awarded Vendor at the agreed upon Contract rate until the expiration of the Service Contract.

3.3.11Termination for Non-appropriation

The continuation of any financial obligation is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the local source, State Legislature and/or federal sources. The Customer may terminate any financial obligation, and Awarded Vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Customers funding from local, State and/or federal sources is not appropriated, withdrawn or limited.

3.3.12Trial or Demonstration of Device or Equipment

Any trial or demonstration period may not exceed 30 calendar days and such device or equipment may be used, remanufactured or reconditioned. Additionally, no trial or demonstration device may be converted to a lease, rental or purchase, unless the device was new, as defined within this RFP, prior to the placement as a trial or demonstration device.

3.3.13Volume Placements

Awarded Vendors may offer additional discounts or price breaks on services, purchase prices, leases and rental plans for volume placements.

3.4 DEVICE CONFIGURATIONS

3.4.1 All copiers (Groups A and B) must be equipped, at a minimum, with the following components:


3.4.1.1 Automatic duplex enabled copiers, the ADF must be a RADF unless the ADF is equipped to accomplish duplex scanning (scan both sides of the original in the same pass);

3.4.1.2 Must be capable of AES, AMS, APS, ATS, AS and Margin Shift;

3.4.1.3 Must maintain a Scan Speed, as defined within this RFP, from an ADF, RADF (including duplex scanners) or Separate Scanning Station, within 90% of the rated speed of the marking engine;

3.4.1.4 Marking Engine;

3.4.1.5 Control panel;

3.4.1.6 Bypass paper supply;

3.4.1.7 Paper Supply equal to or greater than:

A. One (1) paper drawer for Segment 3 Desktop copiers;

B. Two (2) paper drawers for Segments 4 Console copiers through Segment 4 copiers;

C. Four (4) paper drawers and/or 2,000 sheet capacity for Segments 5 and above; and

3.4.1.8 Paper size capacity up to 11” x 17”.

3.4.2 All wide format devices (Group C) must be equipped, at a minimum, with the following components:

3.4.2.1 Automatic Exposure – The exposure is adjusted automatically when copying from originals with different background shadings.

3.4.2.2 Automatic Magnification – After detecting the correct size of each original document, the copier automatically calculates the correct magnification (zoom) ratio to fit the media size selected by the operator.

3.4.2.3 Automatic Media Selection – A built-on sensor detects the size of the original and the copier selects the proper media size.

3.4.2.4 Automatic Roll Switching – A feature that enables a printer\copier to automatically switch from a depleted media source to another in the midst of a copy job, effectively increasing overall productivity.

3.4.2.5 Media Sources – Provide two (2) or more media roll sources.


3.4.2.6 Hard Drive Security Kit – The parts and/or software required to optionally enable US Department of Defense (DoD) 5220.22-M standards for data overwrite.

3.4.2.7 Network Connectivity Kit – All parts, boards and/or software (internal to the machine) to sufficiently enable the printer/scanner to network print and scan to network using IPV4 and/or IPV6.

3.4.2.8 Network Security Kit – All necessary parts and/or software to optionally enable encrypted communications between servers/workstations and a printer/scanner including IPSEC and HTTPS.

3.4.3 All printers (Group D) must be equipped, at a minimum, with the following components:

3.4.3.1 Device does not copy as the primary function and does not allow 11” x 17” paper;

3.4.3.2 Shall include an inkjet or laser print engine;


3.4.3.4 Bypass paper supply;

3.4.3.5 Paper Supply equal to or greater than one (1) drawer;

3.4.3.6 Paper size capacity up to 8-1/2” x 14” and envelope adjustment capability;

3.4.3.7 Must include network connectivity; and

3.4.3.8 Multi-functional devices must copy, scan, and fax (or e-fax).

3.4.4 All digital duplicators (Group E) must be equipped, at a minimum, with the following components:


3.4.4.2 Fully automatic one-drum system;


3.4.4.4 1,000 sheet minimum paper feed or roll; and

3.4.4.5 Monthly volume of 300,000+ minimum duty cycle.

3.4.5 All scanners (Group F) must be equipped, at a minimum, with the following components:



3.4.5.2 Must maintain a Scan Speed, as defined within this RFP;

3.4.5.3 Charge-Coupled Device (CCD) or Contact Image Sensor (CIS) image sensor;


3.4.5.5 Density range minimum of 3.0;

3.4.5.6 Automatic document feed;

3.4.5.7 Paper size capacity letter or legal;

3.4.5.8 Color depth of at least 24 bytes; and

3.4.5.9 Single pass duplex scan.

3.4.6 Accessories

Accessories must be offered, if available, for all device categories awarded to Contractor, throughout the term of the Master Agreement.

3.4.7 Device Minimums

3.4.7.1 All devices must be newly manufactured and currently in production, except as specially provided within this RFP for short term rentals.

3.4.7.2 Devices must have published specifications. Awarded Vendors will provide website of the published specifications (BLI, etc.) for each device category awarded.

3.4.7.3 Devices must meet or exceed the speed requirements for each segment of device in each grouping.

3.4.7.4 All devices must be Electronic Product Environment Assessment Tool (EPEAT) registered to a minimum of EPEAT Bronze standard within two years of award of contract. If a Contractor’s awarded products are not EPEAT registered after two (2) years, the Contractor will be prohibited from selling those devices.

3.4.8 Installation and Environmental Requirements

Prior to order acceptance, Awarded Vendor must advise Customer of any and all specialized installation and environmental Customer site requirements for the delivery and installation of contract device. This information should include, but is not limited to the following:


3.4.8.1 Air conditioning;

3.4.8.2 Electrical requirements;

3.4.8.3 Special grounding;

3.4.8.4 Cabling requirements;

3.4.8.5 Space requirements;

3.4.8.6 Humidity and temperature limits, and

3.4.8.7 Any other considerations critical to the installation.

3.4.9 Paper Specifications

All proposed devices shall be compatible with using recycled paper, up to and including 100% Post-Consumer-Waste (PCW) paper. Service personnel may not fault the use of recycled paper for device failures, as long as the recycled paper in use meets the standard paper specifications (e.g., multi-purpose, copy, or laser paper). Additionally, all proposed devices shall be guaranteed by the manufacturer to accomplish 100% duplexing (except Group C) with 30% PCW paper.

3.4.10Excessive Service and Downtime

Equipment, including all accessories and software, supplied through this contract shall be capable of continuous operation. Therefore, Awarded Vendor shall guarantee that all contract equipment will be operational at least 98% of normal business hours. Equipment that develops a trend of requiring an excessive number of service calls shall be reported by the Customer to the Awarded Vendor or by the Awarded Vendor to the Customer as the situation warrants. Should the equipment, any accessories, or software become inoperable for a period of twenty-four (24) consecutive working hours, the Awarded Vendor shall, at the Customer’s option, provide, at no charge, a loaner or accessory of equal capability of non-performing piece of equipment while repairs are being completed.

Awarded Vendors are to maintain a service log for each machine serviced describing maintenance and repair services provided. A no-cost copy of service logs/reports must be provided to the Customer and/or the Contract Administrator within five (5) working days of request.

If equipment fails to perform at the operational level specified above, then Section 3.4.11.2 will apply.

3.4.11Warranty

3.4.11.1 Devices must carry a minimum 90 day warranty that it is free from defects in material and workmanship. If defects are identified, the


Awarded Vendor agrees to repair or replace defective parts promptly on a like-for-like basis without additional cost to the Customer. Any and all items failing during the warranty period will be replaced promptly free of charge. Upon significant failure, the warranty period will commence again for a minimum 90 additional days. Significant failure shall be determined by the Participating State Contract Administrator.

3.4.11.2 Lemon Clause

This clause applies to all devices purchased or leased through this contract. The application period is 36 months from the date of installation. This clause takes precedence over any other warranty or service maintenance clauses associated with this contract. For purchased devices, agencies must maintain an uninterrupted maintenance agreement with the contract vendor for the Lemon Clause to apply past the initial 90-day warranty period.

Any device that fails (except due to operator error) to operate in accordance with the manufacturer's published performance specifications four times in any four week period and/or is subject to recurring related problems shall be replaced with a new copier that meets the requirements of the same lot as the original copier, at no cost to the user. The Participating State Contract Administrator will review user requests for the application of this clause and will make a determination regarding its use.

If 25% or less of the device’s useful life has been used up, the device must be replaced with a “new device”. A “like for like” device may be used if 25% or more of the useful life of the device has been used up and the Customer agrees to the “like for like” exchange. Note: Prior to the lease or purchase of a device, Contractor must provide Customer with the device’s “Useful Life”.

Failure to comply with the requirements of this clause may be grounds for default and contract cancellation by the Lead State Contract Administrator.

3.5 SERVICE REQUIREMENTS

3.5.1 Availability of Repair Parts

Awarded Vendors must guarantee the availability of repair parts for a minimum of five (5) years subsequent to Customers acceptance of the contract device. All branded device components, spare parts, application software, and ancillary equipment purchased and supplied under any resulting contract must conform to manufacturer specifications. The Awarded Vendor is responsible for ensuring that these items are operable and installed in accordance with manufacturer’s specifications.


3.5.2 On-Going Point of Contact

Awarded Vendors shall provide a single point of contact for all issues and questions regarding the devices and services provided including but not limited to: Pricing, Device Additions/Moves, Contract Issues and Service Escalation Issues. Additionally, the Awarded Vendor will provide a single point of contacts for each Participating State Contract Administrator as well as the Lead State Contract Administrator.

3.5.3 Service Contracts

Awarded Vendors must offer service and supply contracts for all devices placed under this contract, if applicable. The term of any subsequent service and supply contracts may not extend beyond the initial term of any financial vehicle used to place the device and in the initial placement may not extend beyond 60 months in the case of purchases. For example, if a device is placed on a 60 month lease, a service and supplies contract may not extend beyond the 60 month term of the lease.

3.5.4 Hours and Submission Methods

3.5.4.1 Awarded Vendor must perform full service support for all awarded categories during normal business hours (Working Days, 8:00 a.m. – 5:00 p.m.) within the pricing proposed.

3.5.4.2 Awarded Vendors may offer additional coverage beyond normal business hours for the servicing of device and may charge an additional monthly base charge for such coverage.

3.5.4.3 Awarded Vendors must provide toll free phone, local phone, facsimile, e-mail, internet and any electronic automated method for Customers to place service calls.

3.5.4.4 Awarded Vendors must provide an electronic method for providing periodic meter readings. These electronic methods may include online submission and/or automated electronic submission to be performed by the device in place via an available network connection if approved by the Participating State Contract Administrator and the Customer.

3.5.5 Billing and Invoicing

3.5.5.1 Awarded Vendor shall maintain timely and accurate invoicing.

3.5.5.2 The Participating State or Entity and WSCA-NASPO may request at any point proof of the billing accuracy through the data set supporting the billing. If the Customer or WSCA-NASPO has reason to believe that multiple and systemic billing errors exist, that cannot be corrected to the Customer’s or WSCA-NASPO’s satisfaction; the Customer or WSCA-NASPO may require an audit


by a third party. If errors are found, the Awarded Vendor must reimburse the Customer or WSCA-NASPO for the cost of the auditor as well as correcting any billing errors.

3.5.6 Reporting

3.5.6.1 Awarded Vendor shall produce reporting for both the Customer and WSCA-NASPO within 30 days of the closing of a reporting period, as requested.

3.5.6.2 Vendor shall produce payment for both any State Specific Administrative Fee and the WSCA-NASPO Administrative Fee within 30 days of the closing of the reporting period.

3.5.6.3 The Customer and WSCA-NASPO may request at any point proof of the reporting accuracy through the data set supporting the reporting, as defined above. If the Customer or WSCA-NASPO has reason to believe that multiple and systemic reporting errors exist, that cannot be corrected to the Customer’s or WSCA-NASPO’s satisfaction; the Customer or WSCA-NASPO may require an audit by a third party. If errors are found, the Awarded Vendor must reimburse the Customer or WSCA-NASPO for the cost of the auditor as well as correcting any administrative fee errors.

3.5.7 Customer Training

Awarded Vendor must provide minimum of one (1) hour on-site initial training upon device and/or software placement along with an abbreviated user manual for commonly used features of the device and/or software, at no additional charge.

3.5.8 Service Level Agreement

Attachment O provides a model Service Level Agreement. Awarded Vendors and the Participating State or Entity are responsible for developing a Service Level Agreement customized to the needs of the Participating State or Entity, which should be included in the Participating Addendum.

3.5.9 Parts

Awarded Vendors must use only Original Equipment Manufacturer (OEM) parts. Used parts will not be accepted within this RFP except as an emergency repair to maintain uptime.

3.5.10Dealer Guidance

3.5.10.1 The Awarded Vendor will be the sole point of contract responsibility. The Lead State Contract Administrator and Participating State or Entities will look solely to the awarded vendor for the performance of all contractual obligations, and the awarded


vendor shall not be relieved for the non-performance of any Authorized Dealers and/or all Subcontractors.

3.5.10.2 Awarded Vendors must provide education and guidance on use of the Master Agreement and Participating Addendums.

3.5.11Technician Training

All service technicians must be factory trained by the OEM and certified to service the awarded devices.

3.5.12Timeliness of Service

3.5.12.1 Awarded Vendors must maintain service response time as stated in Section 3.5.4.1, according to the following Service Zones, unless otherwise allowed by the Participating State Contract Administrator:

Urban Response Time

Rural Response Time

Remote Response Time

4 Hours 1 Working Day 4 Working Days

3.5.12.2 New orders for devices must be installed by the Awarded Vendor within 30 calendar days of order placement. Software related to the device must be installed within five (5) working days of the device installation. Excess installation time may be afforded by the Customer.

3.5.12.3 Moves, device pickups and device trade-ins must be accomplished within 30 days of the request.

3.5.12.4 Service calls must be acknowledged to the Customer via phone, on-site service call or e-mail within one hour of the placement of a service call.

3.5.13Americans with Disabilities Act (ADA)

3.5.13.1 Awarded Vendors must offer devices that are ADA compliant, i.e. Hearing, Vision, and Mobility.

3.6 ENVIRONMENTAL REQUIREMENTS

3.6.1 All devices shall meet EPEAT Bronze registered standard, as stated in Section 3.4.7.4. Additionally, Awarded Vendors should be aware that Participating States or Entities may require environmental performance plans to be in place.

3.6.2 Awarded Vendors should have environmentally responsible policies including use of recycled material, zero carbon initiatives, zero waste initiatives, and other initiatives not previously covered.

3.6.3 Devices must use returnable, recyclable or remanufactured toner containers and the


Awarded Vendor will provide the Customer with the method to return the containers to the Awarded Vendor at no additional charge.

3.6.4 Device offers the use of an organic photoreceptor or, at a minimum, a photoreceptor that does not contain arsenic, cadmium or selenium.

3.6.5 Device uses toner that is free of carcinogenic, mutagenic or teratogenic substances.

3.7 TECHNOLOGY REQUIREMENTS

3.7.1 Network Connections

Device must use only one network connection to accomplish network printing and scanning.

3.7.2 Software Drivers, i.e. Print Drivers

3.7.2.1 All software drivers shall be at a minimum Windows 7 compliant.

3.7.2.2 Device must have universal software drivers.

3.7.3 Authentication and Access

3.7.3.1 Any network connected devices must offer authentication for all features via LDAP and/or Windows AD and the ability to disable authentication for any or all features.

3.7.3.2 Any network connected devices must have the ability to connect via Dynamic Host Configuration Protocol (DHCP) or Static IP address.

3.7.3.3 The credential information for any remote authentication method may not be maintained within the copier’s memory or persistent storage.

3.7.3.4 Access to the device’s administrative functions must be password protected as per each Participating States or Entities password requirements and must be changed from default at the time of install.

3.7.3.5 Customers may require the meter readings, active alerts, error codes or low consumable levels through electronic means.

3.7.4 Security

3.7.4.1 Device and/or software must meet at a minimum the security protocol identified in the National Institute of Standards and Technology (NIST).

3.7.4.2 Any device that has a hard drive must have as an available option, the ability to encrypt any information written to a hard drive.


Encryption requirements will be dictated by the Customer.

3.7.4.3 Device must undergo a Department of Defense (DoD) three-pass minimum level erasure of hard drives at end of product life, or when any hard drive leaves Customer control.

3.7.4.4 Device must have technician removable hard drives that include an obligation to leave the drive in the state’s possession at termination of the placement if so mandated by the Participating State or Entity. The Customer will have the responsibility of securely erasing or destroying the hard drive in this case.

3.7.4.5 Device must have the capability for at least a onetime overwrite after the completion of each print/scan job and a structured three (3) times overwrite DoD on a weekly off-hours (outside of Working Days, 8:00 a.m. – 5:00 p.m.) schedule.

3.7.5 Software

3.7.5.1 Software must be offered to aid in the aspects of devices as appropriate, throughout the term of the Master Agreement.

3.7.5.2 The software included in the Master Agreement shall not be utilized as a standalone imaging solution but as a means to enhance the capabilities of the devices.

4. COMPANY BACKGROUND AND REFERENCES

4.1 VENDOR INFORMATION

4.1.1 Vendors must provide a company profile in the table format below.

Question ResponseCompany name:Ownership (sole proprietor, partnership, etc.):State of incorporation:Date of incorporation:# of years in business:List of top officers:Location of company headquarters:Location(s) of the company offices:Location(s) of the office that will provide the services described in this RFP:Number of employees locally with the expertise to support the requirements identified in this RFP:Number of employees nationally with the expertise to support the requirements in this RFP:Location(s) from which employees will be


Question Responseassigned for this project:

4.1.2 Please be advised , pursuant to NRS 80.010, a corporation organized pursuant to the laws of another state must register with the State of Nevada, Secretary of State’s Office as a foreign corporation before a contract can be executed between the State of Nevada and the awarded vendor, unless specifically exempted by NRS 80.015.

4.1.3 The selected vendor, prior to doing business in the State of Nevada, must be appropriately licensed by the State of Nevada, Secretary of State’s Office pursuant to NRS 76. Information regarding the Nevada Business License can be located at http://sos.state.nv.us.

Question ResponseNevada Business License Number:Legal Entity Name:

Is “Legal Entity Name” the same name as vendor is doing business as?

Yes No

If “No”, provide explanation.

4.1.4 Vendors are cautioned that some services may contain licensing requirement(s). Vendors shall be proactive in verification of these requirements prior to proposal submittal. Proposals that do not contain the requisite licensure may be deemed non-responsive.

4.1.5 Has the vendor ever been engaged under contract by any State of Nevada agency?

Yes No

If “Yes”, complete the following table for each State agency for whom the work was performed. Table can be duplicated for each contract being identified.

Question ResponseName of State agency:State agency contact name:Dates when services were performed:Type of duties performed:Total dollar value of the contract:

4.1.6 Are you now or have you been within the last two (2) years an employee of the State of Nevada, or any of its agencies, departments, or divisions?

Yes No


http://sos.state.nv.us/

If “Yes”, please explain when the employee is planning to render services, while on annual leave, compensatory time, or on their own time?

If you employ (a) any person who is a current employee of an agency of the State of Nevada, or (b) any person who has been an employee of an agency of the State of Nevada within the past two (2) years, and if such person will be performing or producing the services which you will be contracted to provide under this contract, you must disclose the identity of each such person in your response to this RFP, and specify the services that each person will be expected to perform.

4.1.7 Disclosure of any significant prior or ongoing contract failures, contract breaches, civil or criminal litigation in which the vendor has been alleged to be liable or held liable in a matter involving a contract with the State of Nevada or any other governmental entity. Any pending claim or litigation occurring within the past six (6) years which may adversely affect the vendor’s ability to perform or fulfill its obligations if a contract is awarded as a result of this RFP must also be disclosed.

Does any of the above apply to your company?

Yes No

If “Yes”, please provide the following information. Table can be duplicated for each issue being identified.

Question ResponseDate of alleged contract failure or breach:Parties involved:Description of the contract failure, contract breach, or litigation, including the products or services involved:Amount in controversy:Resolution or current status of the dispute:If the matter has resulted in a court case:

Court Case Number

Status of the litigation:

4.1.8 Vendors must review the insurance requirements specified in Attachment E, Insurance Schedule for RFP 3091. Does your organization currently have or will your organization be able to provide the insurance requirements as specified in Attachment E.

Yes No


Any exceptions and/or assumptions to the insurance requirements must be identified on Attachment B, Technical Proposal Certification of Compliance with Terms and Conditions of RFP. Exceptions and/or assumptions will be taken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of proposal submission, the State will not consider any additional exceptions and/or assumptions during negotiations.

Upon contract award, the Awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified in Attachment E, Insurance Schedule for RFP 3091.

4.1.9 Company background/history and why vendor is qualified to provide the services described in this RFP. Limit response to no more than five (5) pages.

4.1.10Length of time vendor has been providing services described in this RFP to the public and/or private sector. Please provide a brief description.

4.1.11Financial information and documentation to be included in Part III, Confidential Financial Information of vendor’s response in accordance with Section 9.5, Part III – Confidential Financial Information.

4.1.11.1 Dun and Bradstreet Number;

4.1.11.2 Federal Tax Identification Number; and

4.1.11.3 The last two (2) years and current year interim:

A. Profit and Loss Statement B. Balance Statement

4.2 SUBCONTRACTOR INFORMATION

For the purpose of this RFP and subsequent Master Agreement, Authorized Dealers are not considered Subcontractors, and therefore, are not required to provide the following information.

4.2.1 Does this proposal include the use of subcontractors?

Yes No

If “Yes”, vendor must:

4.2.1.1 Identify specific subcontractors and the specific requirements of this RFP for which each proposed subcontractor will perform services.

4.2.1.2 If any tasks are to be completed by subcontractor(s), vendors must:

A. Describe the relevant contractual arrangements;


B. Describe how the work of any subcontractor(s) will be supervised, channels of communication will be maintained and compliance with contract terms assured; and

C. Describe your previous experience with subcontractor(s).

4.2.1.3 Vendors must describe the methodology, processes and tools utilized for:

A. Selecting and qualifying appropriate subcontractors for the project/contract;

B. Ensuring subcontractor compliance with the overall performance objectives for the project;

C. Ensuring that subcontractor deliverables meet the quality objectives of the project/contract; and

D. Providing proof of payment to any subcontractor(s) used for this project/contract, if requested by the State. Proposal should include a plan by which, at the State’s request, the State will be notified of such payments.

4.2.1.4 Provide the same information for any proposed subcontractors as requested in Section 4.1, Vendor Information.

4.2.1.5 Business references as specified in Section 4.3, Business References must be provided for any proposed subcontractors.

4.2.1.6 Vendor shall not allow any subcontractor to commence work until all insurance required of the subcontractor is provided to the vendor.

4.2.1.7 Vendor must notify the user of the intended use of any subcontractors not identified within their original proposal and provide the information originally requested in the RFP in Section 4.2, Subcontractor Information. The vendor must receive user approval prior to subcontractor commencing work.

4.3 BUSINESS REFERENCES

4.3.1 Vendors should provide a minimum of three (3) business references from similar projects performed for private, state and/or large local government clients within the last three (3) years.

4.3.2 Vendors must provide the following information for every business reference provided by the vendor and/or subcontractor:

The “Company Name” must be the name of the proposing vendor or the vendor’s proposed subcontractor.


Reference #:Company Name:

Identify role company will have for this RFP project(Check appropriate role below):

VENDOR SUBCONTRACTORProject Name:

Primary Contact InformationName:Street Address:City, State, ZipPhone, including area code:Facsimile, including area code:Email address:

Alternate Contact InformationName:Street Address:City, State, ZipPhone, including area code:Facsimile, including area code:Email address:

Project InformationBrief description of the project/contract and description of services performed, including technical environment (i.e., software applications, data communications, etc.) if applicable:Original Project/Contract Start Date:Original Project/Contract End Date:Original Project/Contract Value:Final Project/Contract Date:Was project/contract completed in time originally allotted, and if not, why not?Was project/contract completed within or under the original budget/ cost proposal, and if not, why not?

4.3.3 Vendors must also submit Attachment F, Reference Questionnaire to the business references that are identified in Section 4.3.2.

4.3.4 The company identified as the business references must submit the Reference Questionnaire directly to the Purchasing Division.

4.3.5 It is the vendor’s responsibility to ensure that completed forms are received by the Purchasing Division on or before the deadline as specified in Section 8, RFP Timeline for inclusion in the evaluation process. Reference Questionnaires not


received, or not complete, may adversely affect the vendor’s score in the evaluation process.

4.3.6 The State reserves the right to contact and verify any and all references listed regarding the quality and degree of satisfaction for such performance.

4.4 VENDOR STAFF RESUMES

A resume must be completed for each proposed key personnel responsible for performance under any contract resulting from this RFP per Attachment G, Proposed Staff Resume.

5. COST/PRICING REQUIREMENTS

5.1 COST/PRICING FORMAT

5.1.1 Pricing for each proposed group must be provided as requested in Attachment I.

5.1.2 The Configuration Cost tab identifies common device configurations that will be used for Cost evaluation purposes only. Pricing provided in this tab will be compared with prices offered on other tabs to ensure consistency of Costs for the contract.

5.2 DEVICE SUBMISSIONS

Each Vendor may submit one (1) or more models per segment within this RFP. The Vendors are cautioned to select the best device within their product offering in terms of cost, technological capabilities and service that meets or exceeds the requirements within this RFP. If selected, the Awarded Vendors will have the ability to add additional devices within awarded groups, which also meet or exceed the requirements at the same or better discount from MSRP for that particular group or segment.

5.3 DELIVERY

5.3.1 Pricing must include all inside delivery, installation, connecting to existing network, initial training and removal of all waste material.

5.3.2 Network installation shall include configuration of the copier for the proper network protocols; and installation of the appropriate print drivers on up to five (5) computers per unit ordered.

5.3.3 Awarded Vendors may charge for excessive installation requirements including rigging, excessive access alterations and access to non-ground floors via stairs. Any such excessive installation charges must be quoted to the Customer prior to the signature of any lease, rental or purchase agreement and the resulting charge may not exceed this quote; but shall be based on the actual expenditures by the Awarded Vendor or Dealer.

5.4 LEASING PROGRAMS


5.4.1 All lease factor quotes must be quoted as a decimal multiplying factor in such a manner that the purchase price may be multiplied by the lease factor to arrive at the resulting monthly payment including any taxes that are the responsibility of the Awarded Vendors. Awarded Vendors may update all lease rates on a quarterly basis for changes in the financial markets. In order for the Awarded Vendor to alter the bid lease rates, all lease rates must be indexed against the US Daily Treasury Yield Curve Rates. An Awarded Vendor shall update its dedicated contract website to reflect this change. Yield Curve Rates with a fixed margin as of the last publishing date of each Calendar Quarter (as published at http://www.ustreas.gov/offices/domestic-finance/debt-management/interest-rate/yield.shtml). The Lead State Contract Administrator and the Participating State Contract Administrator must be notified of such changes 30 days prior to the inception of any rate changes. The Vendor must, within their RFP response, describe:

5.4.1.1 The margin from the Daily Treasury Yield Curve Rates;

5.4.1.2 The methodology for arriving at the lease rates from the margined rated; and

5.4.1.3 The methodology for determining the base rate for non-published leasing and rental terms (i.e. 48 months).

5.4.2 Leasing, Rentals and Short-Term Rentals

Awarded Vendors shall offer, according to each Participating Addendum, a minimum of the following financial vehicles, as defined within the resulting Contract at the following terms:

Financial Vehicle Standard Terms OfferedFair Market Value LeaseOperational LeaseNon-Cancelable RentalCapital Lease

36, 48, 60 Months

Cancelable Rental 24, 36 MonthsShort Term Rental Up to 18 months

5.4.2.1 Awarded Vendors must offer coterminous lease and rental terms between the lowest and the highest terms defined above.

5.4.2.2 Short-Term Rentals of devices may be put in place for a term not to exceed 18 months. Extensions may be granted by the Participating State Contract Administrator for periods up to six months and must be requested in writing 30 days prior to expiration.

5.4.2.3 Leases may be bought out and devices returned to the owning lessor, although operational, non-cancelable rentals and capital leases will be subject to a termination charge. The termination charge may not exceed the balance of lease payments and may not


http://www.ustreas.gov/offices/domestic-finance/debt-management/interest-rate/yield.shtml

http://www.ustreas.gov/offices/domestic-finance/debt-management/interest-rate/yield.shtml

exceed more than four (4) month service and supply base or 25% of the remaining term, whichever is less.

5.4.2.4 All Cancelable rentals may be canceled upon 30 days written notice to the Awarded Vendors at any point during the lease or rental term. The Awarded Vendors may assess a penalty of no more than four (4) monthly lease/rental payments that are not to include service or supply base commitments for the cancelation of a cancelable rental. Such cancelation will be subject to review and approval by the Participating State Contract Administrator.

5.4.2.5 Cost-per-Copy programs may be allowed at Customers request. Cost-per-Copy is not required to be offered by Awarded Vendors and will not be evaluated in Vendor’s response.

A. Pricing methodology must be disclosed to Customer and must define included services, supplies, maintenance, device and software into one cost per impression.

B. Scans on multifunctional devices are not included in the cost-per-copy calculation.

C. No minimums or monthly fees shall be applicable for this pricing model; tiered pricing may be used.

D. This type of program should be specifically addressed in the Participating Entities PA.

5.4.2.6 Accessories or software related to or attached to a particular machine, the term must end with the original asset’s term.

5.4.2.7 Awarded Vendors must offer coterminous leases for future needs, which would allow the Customer to add additional accessories, devices or software that terminates at the same point as current lease.

5.4.2.8 Awarded Vendors, under this RFP and subsequent Master Agreement, may assign the leases produced under this contract; but the obligations, terms and conditions may not be altered and shall remain with the Awarded Vendor.

5.4.2.9 The Awarded Vendor may offer to Customers an upgrade/downgrade option for device placed. Such upgrade/downgrade options must afford a Customer the option of upgrading or downgrading a portion of device under a lease or rental without penalty.

5.4.2.10 Awarded Vendors must offer at a Customer’s request, various terms for the reconciliation of overage charges. The terms for the reconciliation may be monthly, quarterly or annually.


5.4.2.11 No termination charges shall be applicable in the case of non-appropriations of funds.

5.4.3 Service and Supplies Inclusions

5.4.3.1 Initial one-hour training must be included upon device placement. Pricing for additional training may be offered in one-hour increments on a per hour basis. Customers may elect to divide the training into multiple sessions over an extended period of time with a minimum training time division of one hour increments.

5.4.3.2 Supplies pricing shall include all parts, supplies and consumables with the exception of paper and staples.

5.4.3.3 Service pricing must include technician installed parts with the exception of paper, staples and toner.

5.4.3.4 Awarded Vendors must perform all preventative maintenance services at the manufacturer’s suggested intervals.

5.4.3.5 All 11” x 17” impressions must be counted as one impression per side.

5.4.3.6 Awarded Vendors must not charge for a scan on multifunctional devices.

5.4.3.7 There must not be more than one bundled cost per impression for color impressions, regardless of the number of colors (i.e. a higher charge for 3 colors than for 2 colors).

5.4.3.8 Awarded Vendors may include a base number of impressions in order to achieve a lower cost per impression. Any such inclusion programs must be listed as an optional pricing program and all Awarded Vendors must offer a “zero base” cost per impression program for service and supplies.

5.4.3.9 Awarded Vendors may charge for device moves. Such charges must be in the format listed below according to the distance from the original placement:

Move Zone

Distance from the Original Device Placement

Allowable Charge Format

Zone 1 100 Yards or less; or within the same building

No Charge Allowed

Zone 2 Between Zone 1 and 50 miles. Flat FeeZone 3 Outside of Zone 2 Per mile fee

5.4.4 Service Programs


5.4.4.1 Awarded Vendors may provide different rates for each of the three (3) Service Zones for services. These rates will remain firm throughout the term of the Master Agreement; unless specified in a Participating Addendum.

5.4.4.2 Awarded Vendors must produce and maintain a list of the defined Service Zones for each Participating State or Entity; updates must be provided when changes are made.

5.4.5 Software

5.4.5.1 Software costs shall be inclusive of all installation costs, initial training and onsite installation required by the manufacturer. In the event that a Customer requires customizations and/or installation above the requirements, the Awarded Vendor must disclose these additional costs, including travel and per diem costs, to the Customer prior to the completion of a purchase, lease or rental agreement.

5.4.5.2 Software maintenance costs shall be inclusive of available software patches and updates.

5.4.6 Hard Drive Removal

Vendors must propose fixed price for a technician to remove and surrender hard drive at the term of the lease or rental, when so mandated by the Customer. The Awarded Vendor must disclose this additional cost to the Customer prior to the completion of a lease or rental agreement.

5.4.7 Special Promotions

5.4.7.1 Awarded Vendors may offer discounted special pricing, promotional discounts, volume discounts, location customer specific, customer specific or spot discounts.

5.4.7.2 The Awarded Vendors must notify the Participating State Contract Administrator of the special promotion or pricing.

5.4.7.3 Awarded Vendors may offer E-Rate pricing, if requested by Customer.

6. FINANCIAL

6.1 PAYMENT

6.1.1 Upon review and acceptance by the State, payments for invoices are normally made within 30 - 45 days of receipt, providing all required information, documents and/or attachments have been received.


6.1.2 Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, devices and services purchased under the provisions of this RFP electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

6.1.3 Purchasing Card Acceptance

In an effort to streamline the purchasing and payment process, Participating States may use state contracted purchasing cards to facilitate small dollar purchases. While at the present time it is not mandatory that contractors accept credit card purchases; contractors are encouraged to consider this alternate payment process.

Purchasing (Credit) Cards accepted: Yes __________ No __________

6.2 BILLING

6.2.1 Payments will not be issued prior to receipt of goods or services, unless outlined in the PA.

6.2.2 The Awarded Vendor must bill the Customer as outlined in the approved PA, agreement and/or payment schedule.

6.2.3 The Awarded Vendor shall have the ability to centralize all billing should any Customer choose such an option; or to alternately perform the billing through the dealers for all items under contract.

6.2.4 Vendors may propose an alternative payment option. Alternative payment options must be listed on Attachment J, Cost Proposal Certification of Compliance with Terms and Conditions of the RFP. Alternative payment options will be considered if deemed in the best interest of the State, project or service solicited herein.

7. WRITTEN QUESTIONS AND ANSWERS

In lieu of a pre-proposal conference, the Purchasing Division will accept questions and/or comments in writing, received by email regarding this RFP.

7.1 FIRST SET OF QUESTIONS AND ANSWERS

7.1.1 The RFP Question Submittal Form is located on the Services RFP/RFQ Opportunities webpage at http://purchasing.state.nv.us/services/sdocs.htm. Select this RFP number and the “Question” link.

7.1.2 The deadline for submitting questions is as specified in Section 8, RFP Timeline.

7.1.3 All questions and/or comments will be addressed in writing and responses emailed or faxed to prospective vendors on or about the date specified in Section 8, RFP Timeline.


http://purchasing.state.nv.us/services/sdocs.htm

7.1.4 Dealers must direct all questions through the Manufacturer(s).

7.2 SECOND SET OF QUESTIONS AND ANSWERS

Additional questions may be submitted via email by the date specified in Section 8, RFP Timeline and according to the process identified in Section 7.1.1 through Section 7.1.4.

8. RFP TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time. The State also reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

Task Date/Time

Deadline for submitting first set of questions 06/30/2014 @ 2:00 PM

Answers posted to website On or about 07/16/2014

Deadline for submitting second set of questions 07/23/2014 @ 2:00 PM

Answers posted to website On or about 07/30/2014

Deadline for submittal of Reference Questionnaires No later than 4:30 PM on 08/19/2014

Deadline for submission and opening of proposals No later than 2:00 PM on 08/20/2014

Evaluation period (approximate time frame) 08/21/2014 – 09/26/2014

Vendor Presentations (approximate time frame) 10/20/2014 – 10/24/2014

Selection of vendors On or about 10/27/2014

Contract start date (contingent upon Board approval) 12/01/2014

9. PROPOSAL SUBMISSION REQUIREMENTS, FORMAT AND CONTENT

9.1 GENERAL SUBMISSION REQUIREMENTS

Vendors’ proposals must be packaged and submitted in counterparts; therefore, vendors must pay close attention to the submission requirements. Proposals will have a technical response, which may be composed of two (2) parts in the event a vendor determines that a portion of their technical response qualifies as “confidential” as defined within Section 2, Acronyms/Definitions.

If complete responses cannot be provided without referencing confidential information, such confidential information must be provided in accordance with Section 9.3, Part I B – Confidential Technical and Section 9.5, Part III Confidential Financial Information. Specific references made to the tab, page, section and/or paragraph where the confidential information can be located must be identified on Attachment A, Confidentiality and Certification of Indemnification and comply with the requirements stated in Section 9.6, Confidentiality of Proposals.


The remaining section is the Cost Proposal. Vendors may submit their proposal broken out into the three (3) sections required, or four (4) sections if confidential technical information is included, in a single box or package for shipping purposes.

The required CDs must contain information as specified in Section 9.6.4.

Detailed instructions on proposal submission and packaging follows and vendors must submit their proposals as identified in the following sections. Proposals and CDs that do not comply with the following requirements may be deemed non-responsive and rejected at the State’s discretion.

9.1.1 All information is to be completed as requested.

9.1.2 Each section within the technical proposal and cost proposal must be separated by clearly marked tabs with the appropriate section number and title as specified.

9.1.3 Although it is a public opening, only the names of the vendors submitting proposals will be announced per NRS 333.335(6). Technical and cost details about proposals submitted will not be disclosed. Assistance for handicapped, blind or hearing-impaired persons who wish to attend the RFP opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

9.1.4 If discrepancies are found between two (2) or more copies of the proposal, the master copy will provide the basis for resolving such discrepancies. If one (1) copy of the proposal is not clearly marked “MASTER,” the State may reject the proposal. However, the State may at its sole option, select one (1) copy to be used as the master.

9.1.5 For ease of evaluation, the proposal must be presented in a format that corresponds to and references sections outlined within this RFP and must be presented in the same order. Written responses must be in bold/italics and placed immediately following the applicable RFP question, statement and/or section. Exceptions/assumptions to this may be considered during the evaluation process.

9.1.6 Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content.

Unnecessarily elaborate responses beyond what is sufficient to present a complete and effective response to this RFP are not desired and may be construed as an indication of the proposer’s lack of environmental and cost consciousness. Unless specifically requested in this RFP, elaborate artwork, corporate brochures, lengthy narratives, expensive paper, specialized binding, and other extraneous presentation materials are neither necessary nor desired.


The State of Nevada, in its continuing efforts to reduce solid waste and to further recycling efforts requests that proposals, to the extent possible and practical:

9.1.6.1 Be submitted on recycled paper;

9.1.6.2 Not include pages of unnecessary advertising;

9.1.6.3 Be printed on both sides of each sheet of paper; and

9.1.6.4 Be contained in re-usable binders or binder clips as opposed to spiral or glued bindings.

9.1.7 For purposes of addressing questions concerning this RFP, the sole contact will be the Purchasing Division as specified on Page 1 of this RFP. Upon issuance of this RFP, other employees and representatives of the agencies identified in the RFP will not answer questions or otherwise discuss the contents of this RFP with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any subsequent proposal per NAC 333.155(3). This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

9.1.8 Any vendor who believes proposal requirements or specifications are unnecessarily restrictive or limit competition may submit a request for administrative review, in writing, to the Purchasing Division. To be considered, a request for review must be received no later than the deadline for submission of questions.

The Purchasing Division shall promptly respond in writing to each written review request, and where appropriate, issue all revisions, substitutions or clarifications through a written amendment to the RFP.

Administrative review of technical or contractual requirements shall include the reason for the request, supported by factual information, and any proposed changes to the requirements.

9.1.9 If a vendor changes any material RFP language, vendor’s response may be deemed non-responsive per NRS 333.311.

9.2 PART IA – TECHNICAL PROPOSAL

9.2.1 The technical proposal must include:

9.2.1.1 One (1) original marked “MASTER”; and9.2.1.2 One (1) identical copy.

9.2.2 The technical proposal must not include confidential technical information (refer to Section 9.3, Part IB, Confidential Technical) or cost and/or pricing information. Cost and/or pricing information contained in the technical proposal may cause the proposal to be rejected.

9.2.3 Format and Content


9.2.3.1 Tab I – Title Page

The title page must include the following:

Part IA – Technical ProposalRFP Title: Copiers, Printers and Related Devices RFP: 3091Vendor Name:Address:Proposal Opening Date: August 20, 2014Proposal Opening Time: 2:00 PM

9.2.3.2 Tab II – Table of Contents

An accurate and updated table of contents must be provided.

9.2.3.3 Tab III – Vendor Information Sheet

The vendor information sheet completed with an original signature by an individual authorized to bind the organization must be included in this tab.

9.2.3.4 Tab IV – State Documents

The State documents tab must include the following:

A. The signature page from all amendments with an original signature by an individual authorized to bind the organization.

B. Attachment A – Confidentiality and Certification of Indemnification with an original signature by an individual authorized to bind the organization.

C. Attachment C – Vendor Certifications with an original signature by an individual authorized to bind the organization.

D. Attachment K – Certification Regarding Lobbying with an original signature by an individual authorized to bind the organization.

E. Copies of any vendor licensing agreements and/or hardware and software maintenance agreements.

F. Copies of applicable certifications and/or licenses.

9.2.3.5 Tab V - Attachment B, Technical Proposal Certification of Compliance with Terms and Conditions of RFP


A. Attachment B with an original signature by an individual authorized to bind the organization must be included in this tab.

B. If the exception and/or assumption require a change in the terms or wording of any section of the RFP, the contract, or any incorporated documents, vendors must provide the specific language that is being proposed on Attachment B.

C. Only technical exceptions and/or assumptions should be identified on Attachment B.

D. The State will not accept additional exceptions and/or assumptions if submitted after the proposal submission deadline. If vendors do not specify any exceptions and/or assumptions in detail at time of proposal submission, the State will not consider any additional exceptions and/or assumptions during negotiations.

9.2.3.6 Tab VI – Section 3 – Scope of Work

Vendors must place their written response(s) in bold/italics immediately following the applicable RFP question, statement and/or section.

9.2.3.7 Tab VII– Section 4 – Company Background and References

Vendors must place their written response(s) in bold/italics immediately following the applicable RFP question, statement and/or section. This section must also include the requested information in Section 4.2, Subcontractor Information, if applicable.

9.2.3.8 Tab VIII – Attachment G – Proposed Staff Resume

A. Vendors must include all proposed staff resumes per Section 4.4, Vendor Staff Resumes in this section.

B. This section should also include any subcontractor proposed staff resumes, if applicable.

9.2.3.9 Tab IX – Other Informational Material

Vendors must include any other applicable reference material in this section clearly cross referenced with the proposal.

9.3 PART IB – CONFIDENTIAL TECHNICAL PROPOSAL

9.3.1 Vendors only need to submit Part IB if the proposal includes any confidential technical information (Refer to Attachment A, Confidentiality and Certification of Indemnification).


9.3.2 The confidential technical proposal must include:





Part IB – Confidential Technical ProposalRFP Title: Copiers, Printers and Related Devices RFP: 3091Vendor Name:Address:Proposal Opening Date: August 20, 2014Proposal Opening Time: 2:00 PM

9.3.3.2 Tabs – Confidential Technical

Vendors must have tabs in the confidential technical information that cross reference back to the technical proposal, as applicable.

9.4 PART II – COST PROPOSAL

9.4.1 The cost proposal must include:


9.4.2 The cost proposal must not be marked “confidential”. Only information that is deemed proprietary per NRS 333.020(5)(a) may be marked as “confidential”.




Part II – Cost ProposalRFP Title: Copiers, Printers and Related Devices RFP: 3091Vendor Name:Address:Proposal Opening Date: August 20, 2014Proposal Opening Time: 2:00 PM

9.4.3.2 Tab II – Cost Proposal


Vendor’s response for the cost proposal must be included in this tab.

9.4.3.3 Tab III – Attachment J, Cost Proposal Certification of Compliance with Terms and Conditions of RFP

A. Attachment J with an original signature by an individual authorized to bind the organization must be included in this tab.

B. In order for any cost exceptions and/or assumptions to be considered, vendors must provide the specific language that is being proposed in Attachment J.

C. Only cost exceptions and/or assumptions should be identified on Attachment J.

D. Do not restate the technical exceptions and/or assumptions on this form.

E. The State will not accept additional exceptions and/or assumptions if submitted after the proposal submission deadline. If vendors do not specify any exceptions and/or assumptions in detail at time of proposal submission, the State will not consider any additional exceptions and/or assumptions during negotiations.

9.5 PART III – CONFIDENTIAL FINANCIAL INFORMATION

9.5.1 The confidential financial information part must include:





Part III – Confidential Financial InformationRFP Title: Copiers, Printers and Related Devices RFP: 3091Vendor Name:Address:Proposal Opening Date: August 20, 2014Proposal Opening Time: 2:00 PM

9.5.2.2 Tab II – Financial Information and Documentation

Vendors must place the information required per Section 4.1.11 in this tab.


9.6 CONFIDENTIALITY OF PROPOSALS

9.6.1 As a potential contractor of a public entity, vendors are advised that full disclosure is required by law.

9.6.2 Vendors are required to submit written documentation in accordance with Attachment A, Confidentiality and Certification of Indemnification demonstrating the material within the proposal marked “confidential” conforms to NRS §333.333, which states “Only specific parts of the proposal may be labeled a “trade secret” as defined in NRS §600A.030(5)”. Not conforming to these requirements will cause your proposal to be deemed non-compliant and will not be accepted by the State of Nevada.

9.6.3 Vendors acknowledge that material not marked as “confidential” will become public record upon contract award.

9.6.4 The required CDs must contain the following:

9.6.4.1 One (1) “Master” CD with exact duplicates of Part IA - Technical, Part IB - Confidential Technical and Part II - Cost proposal contents only.

A. The electronic files must follow the format and content section for the technical, confidential technical and cost proposal.

B. The CD must be packaged in a case and clearly labeled as follows:

Master CDRFP No: 3091Vendor Name:Contents: Part IA – Technical Proposal

Part IB – Confidential Technical ProposalPart II – Cost Proposal

9.6.4.2 One (1) “Confidential Financial” CD with an exact duplicate of the confidential financial information contents only.

A. The electronic files must follow the format and content section for the confidential financial information contents.

B. The CD must be packaged in a case and clearly labeled as follows:

Confidential Financial CDRFP No: 3091Vendor Name:Contents: Part III – Confidential Financial Information


9.6.4.3 One (1) “Public Records CD” which must include the technical and cost proposal contents to be used for public records requests.

A. This CD must not contain any confidential or proprietary information.

B. The electronic files must follow the format and content section for the redacted versions of the technical and cost proposal.

C. All electronic files must be saved in “PDF” format with Optical Character Recognition (OCR) capabilities, with one file named Part IA – Technical Proposal and one (1) file named part II – Cost Proposal.

D. The CD must be packaged in a case and clearly labeled as follows:

Public Records CDRFP No: 3091Vendor Name:Contents: Part IA – Technical Proposal for Public

Records RequestPart II – Cost Proposal for Public Records Request

9.6.5 The Public Records submitted on the CD will be posted to the Purchasing Website upon the Notice of Award.

9.6.6 It is the vendor’s responsibility to act in protection of the labeled information and agree to defend and indemnify the State of Nevada for honoring such designation.

9.6.7 Failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by release of said information.

9.7 PROPOSAL PACKAGING

9.7.1 If the separately sealed technical and cost proposals as well as confidential technical information and financial documentation, marked as required, are enclosed in another container for mailing purposes, the outermost container must fully describe the contents of the package and be clearly marked as follows:

9.7.2 Vendors are encouraged to utilize the copy/paste feature of word processing software to replicate these labels for ease and accuracy of proposal packaging.

Shannon BerryState of Nevada, Purchasing Division

515 E. Musser Street, Suite 300Carson City, NV 89701


RFP: 3091PROPOSAL OPENING DATE: August 20, 2014PROPOSAL OPENING TIME: 2:00 PMFOR: Copiers, Printer and Related DevicesVENDOR’S NAME:

9.7.3 Proposals must be received at the address referenced below no later than the date and time specified in Section 8, RFP Timeline. Proposals that do not arrive by proposal opening time and date will not be accepted. Vendors may submit their proposal any time prior to the above stated deadline.

9.7.4 The State will not be held responsible for proposal envelopes mishandled as a result of the envelope not being properly prepared.

9.7.5 Email, facsimile, or telephone proposals will NOT be considered; however, at the State’s discretion, the proposal may be submitted all or in part on electronic media, as requested within the RFP document. Proposal may be modified by email, facsimile, or written notice provided such notice is received prior to the opening of the proposals.

9.7.6 The technical proposal shall be submitted to the State in a sealed package and be clearly marked as follows:



RFP: 3091PROPOSAL COMPONENT: PART I A – TECHNICAL PROPOSALPROPOSAL OPENING DATE: August 20, 2014PROPOSAL OPENING TIME: 2:00 PMFOR: Copiers, Printer and Related DevicesVENDOR’S NAME:

9.7.7 If applicable, confidential technical information shall be submitted to the State in a sealed package and be clearly marked as follows:



RFP: 3091PROPOSAL COMPONENT: PART I B – CONFIDENTIAL

TECHNICAL PROPOSALPROPOSAL OPENING DATE: August 20, 2014PROPOSAL OPENING TIME: 2:00 PMFOR: Copiers, Printer and Related DevicesVENDOR’S NAME:


9.7.8 The cost proposal shall be submitted to the State in a sealed package and be clearly marked as follows:



RFP: 3091PROPOSAL COMPONENT: PART II – COST PROPOSALPROPOSAL OPENING DATE: August 20, 2014PROPOSAL OPENING TIME: 2:00 PMFOR: Copiers, Printer and Related DevicesVENDOR’S NAME:

9.7.9 Confidential financial information shall be submitted to the State in a sealed package and be clearly marked as follows:



RFP: 3091PROPOSAL COMPONENT: PART III - CONFIDENTIAL

FINANCIAL INFORMATIONPROPOSAL OPENING DATE: August 20, 2014PROPOSAL OPENING TIME: 2:00 PMFOR: Copiers, Printer and Related DevicesVENDOR’S NAME:

9.7.10The CDs shall be submitted to the State in a sealed package and be clearly marked as follows:



RFP: 3091PROPOSAL COMPONENT: CDsPROPOSAL OPENING DATE: August 20, 2014PROPOSAL OPENING TIME: 2:00 PMFOR: Copiers, Printer and Related DevicesVENDOR’S NAME:

10. PROPOSAL EVALUATION AND AWARD PROCESS

The information in this section does not need to be returned with the vendor’s proposal.


10.1 Proposals shall be consistently evaluated and scored in accordance with NRS 333.335(3) based upon the following criteria:

10.1.1Demonstrated competence and ability to service the contract;

10.1.2Technological merits;

10.1.3Environmental responsibilities;

10.1.4Experience in performance of comparable engagements and availability of key personnel;

10.1.5Conformance with the requirements, terms and conditions of this RFP;

10.1.6Reasonableness of Cost; and

10.1.7Presentations

10.1.7.1 Following the evaluation and scoring process specified above, the State may require vendors to make a presentation of their proposal to the evaluation committee.

10.1.7.2 The State, at its option, may limit participation in vendor presentations to the highest ranking vendors.

10.1.7.3 The State reserves the right to forego vendor presentations and select vendor(s) based on the written proposals submitted.

Note: Financial stability will be scored on a pass/fail basis.

Proposals shall be kept confidential until a contract is awarded.

10.2 The evaluation committee may also contact the references provided in response to the Section identified as Company Background and References; contact any vendor to clarify any response; contact any current users of a vendor’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The evaluation committee shall not be obligated to accept the lowest priced proposal, but shall make an award in the best interests of the State of Nevada per NRS 333.335(5).

10.3 Each vendor must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigations pending which involves the vendor or in which the vendor has been judged guilty or liable. Failure to comply with the terms of this provision may disqualify any proposal. The State reserves the right to reject any proposal based upon the vendor’s prior history with the State or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. See generally, NRS 333.335.


10.4 Clarification discussions may, at the State’s sole option, be conducted with vendors who submit proposals determined to be acceptable and competitive per NAC 333.165. Vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of proposals. Such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing vendors. Any modifications made to the original proposal during the best and final negotiations will be included as part of the contract.

10.5 A Notification of Intent to Award shall be issued in accordance with NAC 333.170. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the Board of Examiners, when required. Negotiations shall be confidential and not subject to disclosure to competing vendors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the State upon written notice to all vendors may negotiate a contract with the next highest scoring vendor or withdraw the RFP.

10.6 Any Master Agreement resulting from this RFP shall not be effective unless and until approved by the Lead State on behalf of WSCA-NASPO.

11. TERMS AND CONDITIONS

11.1 PROCUREMENT AND PROPOSAL TERMS AND CONDITIONS

The information in this section does not need to be returned with the vendor’s proposal. However, if vendors have any exceptions and/or assumptions to any of the terms and conditions in this section, they MUST identify in detail their exceptions and/or assumptions on Attachment B, Technical Proposal Certification of Compliance. In order for any exceptions and/or assumptions to be considered they MUST be documented in Attachment B. The State will not accept additional exceptions and/or assumptions if submitted after the proposal submission deadline.

11.1.1This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

11.1.2The State reserves the right to alter, amend, or modify any provisions of this RFP, or to withdraw this RFP, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the State to do so.

11.1.3The State reserves the right to waive informalities and minor irregularities in proposals received.

11.1.4For ease of responding to the RFP, vendors are encouraged to download the RFP from the Purchasing Division’s website at http://purchasing.state.nv.us.

11.1.5The failure to separately package and clearly mark Part I B and Part III – which contains confidential information, trade secrets and/or proprietary information, shall constitute a complete waiver of any and all claims for damages caused by release of the information by the State.


http://purchasing.state.nv.us/

11.1.6Proposals must include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements and lease purchase agreements. The omission of these documents renders a proposal non-responsive.

11.1.7The State reserves the right to reject any or all proposals received prior to contract award (NRS 333.350).

11.1.8The State shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the State of Nevada after all factors have been evaluated (NRS 333.335).

11.1.9Any irregularities or lack of clarity in the RFP should be brought to the Purchasing Division designee’s attention as soon as possible so that corrective addenda may be furnished to prospective vendors.

11.1.10 A description of how any and all services and/or devices will be used to meet the requirements of this RFP shall be given, in detail, along with any additional informational documents that are appropriately marked.

11.1.11 Alterations, modifications or variations to a proposal may not be considered unless authorized by the RFP or by addendum or amendment.

11.1.12 Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

11.1.13 Proposals from employees of the State of Nevada will be considered in as much as they do not conflict with the State Administrative Manual, NRS Chapter 281 and NRS Chapter 284.

11.1.14 Proposals may be withdrawn by written or facsimile notice received prior to the proposal opening time. Withdrawals received after the proposal opening time will not be considered except as authorized by NRS 333.350(3).

11.1.15 Prices offered by vendors in their proposals are an irrevocable offer for the term of the contract and any contract extensions. The awarded vendor agrees to provide the purchased services at the costs, rates and fees as set forth in their proposal in response to this RFP. No other costs, rates or fees shall be payable to the awarded vendor for implementation of their proposal.

11.1.16 The State is not liable for any costs incurred by vendors prior to entering into a formal contract. Costs of developing the proposal or any other such expenses incurred by the vendor in responding to the RFP, are entirely the responsibility of the vendor, and shall not be reimbursed in any manner by the State.

11.1.17 Proposals submitted per proposal submission requirements become the property of the State, selection or rejection does not affect this right; proposals will be returned only at the State’s option and at the vendor’s request and expense. The masters of the technical proposal, confidential technical proposal, cost proposal


and confidential financial information of each response shall be retained for official files.

11.1.18 The Nevada Attorney General will not render any type of legal opinion regarding this transaction.

11.1.19 Any unsuccessful vendor may file an appeal in strict compliance with NRS 333.370 and Chapter 333 of the Nevada Administrative Code.

11.2 CONTRACT TERMS AND CONDITIONS


11.2.1The Awarded Vendor will be the sole point of contact responsibility. The State will look solely to the Awarded Vendor for the performance of all contractual obligations which may result from an award based on this RFP, and the Awarded Vendor shall not be relieved for the non-performance of any Authorized Dealers and/or all Subcontractors.

11.2.2The Awarded Vendor must maintain, for the duration of its contract, insurance coverage as set forth in the Insurance Schedule of the contract form appended to this RFP. Work on the Master Agreement shall not begin until after the Awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or acceptable alternative method of insurance will be deemed a breach of contract.

11.2.3The State will not be liable for Federal, State, or Local excise taxes per NRS 372.325.

11.2.4Attachment B and Attachment J of this RFP shall constitute an agreement to all terms and conditions specified in the RFP, except such terms and conditions that the vendor expressly excludes. Exceptions and assumptions will be taken into consideration as part of the evaluation process; however, vendors must be specific. If vendors do not specify any exceptions and/or assumptions at time of proposal submission, the State will not consider any additional exceptions and/or assumptions during negotiations.

11.2.5The State reserves the right to negotiate final contract terms with any vendor selected per NAC 333.170. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded vendor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the State during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract,


any modifications and clarifications to the Awarded Vendor’s proposal, the RFP, and the Awarded Vendor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

11.2.6Local governments (as defined in NRS 332.015) are intended third party beneficiaries of any contract resulting from this RFP and any local government may join or use any contract resulting from this RFP subject to all terms and conditions thereof pursuant to NRS 332.195. The State is not liable for the obligations of any local government which joins or uses any contract resulting from this RFP.

11.2.7Any person who requests or receives a Federal contract, grant, loan or cooperative agreement shall file with the using agency a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a) of 31 U.S.C. 1352.

11.2.8Pursuant to NRS Chapter 613 in connection with the performance of work under this contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation apprenticeship.

The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

11.2.9 In accordance with NRS 333.4611, the State of Nevada Purchasing Division shall require the purchase of new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil, have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. 6294a or its successor, or meet the requirements established pursuant to 48 C.F.R. 23.203. These standards do not apply insofar as: (a) No items in a given class have been evaluated to determine whether they are eligible to receive the Energy Start label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. 23.302; or (b) The purchase of these items that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the items to the cost of the amount of energy that will be saved over the useful life of the item.

11.3 PROJECT TERMS AND CONDITIONS



11.3.1WSCA-NASPO Master Agreement Statement of Compliance

WSCA-NASPO Master Agreement(s) resulting from this RFP will constitute the final agreement except for negotiated terms and conditions specific to a Participating Entity’s Participating Addendum.

The Master Agreement will include, but not be limited to, the WSCA-NASPO Standard Terms and Conditions in Attachment D and Lead State specific terms and conditions required to execute a master agreement, the scope of work (RFP #3091 and all amendments) and the Awarded Vendors Proposal.

11.3.2WSCA-NASPO Administrative Fee and Reporting Requirements

To be eligible for award, the Vendor agrees to pay a WSCA-NASPO administrative fee as specified in Section 26 of the WSCA-NASPO Master Agreement Terms and Conditions. Moreover, specific summary and detailed usage reporting requirements are prescribed by Section 27 of WSCA-NASPO Master Agreement Terms and Conditions.

Vendors shall identify the person responsible for providing the mandatory usage reports. (This information must be kept current during the contract period) Contractor will be required to provide reporting contact within 15 days of Master Agreement execution.

11.3.3WSCA-NASPO eMarket Center

To be eligible for award, the Vendor agrees, by submission of a Proposal, to cooperate with WSCA-NASPO and SciQuest (and any authorized agent or successor entity to SciQuest) with uploading a hosted catalog or integrating a punchout site. Refer to Attachment D, Section 36, WSCA-NASPO Master Agreement Terms and Conditions for the prescribed requirements.

11.3.4Participating State Terms and Conditions

As a courtesy to Vendors, some Participating State specific Terms and Conditions are provided in Attachments to this solicitation. These are for informational purposes only and will be negotiated with individual Participating States after award of the Master Agreement. Each State reserves the right to negotiate additional terms and conditions in its Participating Addendums. Vendors shall submit a statement that they understand they may be required to negotiate these additional terms and conditions when executing a Participating Addendum.

11.3.5Award of Related Contracts

11.3.5.1 The State or Participating State may undertake or award supplemental contracts for work related to this project or any portion thereof. The contractor shall be bound to cooperate fully with such other contractors and the State or Participating State in all cases.


11.3.5.2 All subcontractors shall be required to abide by this provision as a condition of the contract between the subcontractor and the prime contractor.

11.3.6Products and/or Alternatives

11.3.6.1 The vendor shall not propose an alternative that would require the State or Participating State to acquire hardware or software or change processes in order to function properly on the vendor’s system unless vendor included a clear description of such proposed alternatives and clearly mark any descriptive material to show the proposed alternative.

11.3.6.2 An acceptable alternative is one the State or Participating State considers satisfactory in meeting the requirements of this RFP.

11.3.6.3 The State or Participating State, at its sole discretion, will determine if the proposed alternative meets the intent of the original RFP requirement.

11.3.7State Owned Property

The awarded vendor shall be responsible for the proper custody and care of any State or Participating State owned property furnished by the State or Participating State for use in connection with the performance of the contract and will reimburse the State or Participating State for any loss or damage.

11.3.8 Inspection/Acceptance of Work

11.3.8.1 It is expressly understood and agreed all work done by the contractor shall be subject to inspection and acceptance by the State or Participating State.

11.3.8.2 Any progress inspections and approval by the State or Participating State of any item of work shall not forfeit the right of the State or Participating State to require the correction of any faulty workmanship or material at any time during the course of the work and warranty period thereafter, although previously approved by oversight.

11.3.8.3 Nothing contained herein shall relieve the contractor of the responsibility for proper installation and maintenance of the work, materials and equipment required under the terms of the contract until all work has been completed and accepted by the State or Participating State.

11.3.9Completion of Work and End of Term

11.3.9.1 Prior to completion of all work, the contractor shall remove from the premises all equipment and materials belonging to the contractor.


Upon completion of the work, the contractor shall leave the site in a clean and neat condition satisfactory to the State.

11.3.9.2 Contractor will be responsible for the coordination and any costs for the removal of equipment and materials at the end of term.

11.3.10 Right to Publish

11.3.10.1 All requests for the publication or release of any information pertaining to this RFP and any subsequent contract must be in writing and sent to the Administrator of the Nevada State Purchasing Division or designee.

11.3.10.2 No announcement concerning the award of a contract as a result of this RFP can be made without prior written approval of the Administrator of the Nevada State Purchasing Division or designee.

11.3.10.3 As a result of the selection of the contractor to supply the requested services, the State is neither endorsing nor suggesting the contractor is the best or only solution.

11.3.10.4 The contractor shall not use, in its external advertising, marketing programs, or other promotional efforts, any data, pictures or other representation of any State facility, except with the specific advance written authorization of the Administrator of the Nevada State Purchasing Division or designee.

11.3.10.5 Throughout the term of the contract, the contractor must secure the written approval of the State per Section 11.3.10.2 prior to the release of any information pertaining to work or activities covered by the contract.

11.3.11 Protection of Sensitive Information

Protection of sensitive information will include the following:

11.3.11.1 Sensitive information in existing legacy applications will encrypt data as is practical.

11.3.11.2 Confidential Personal Data will be encrypted whenever possible.

11.3.11.3 Sensitive Data will be encrypted in all newly developed applications.

11.4 TERMS AND CONDITIONS FOR GOODS

The information in this section does not need to be returned with the vendor’s proposal. However, if vendors have any exceptions and/or assumptions to any of the terms and conditions in this section, they MUST identify in detail their exceptions and/or assumptions on Attachment B, Technical Proposal Certification of Compliance. In order


for any exceptions and/or assumptions to be considered they MUST be documented in Attachment B. The State will not accept additional exceptions and/or assumptions if submitted after the proposal submission deadline.

11.4.1Express Warranties

For the period specified on the face of the Contract, Contractor warrants and represents each of the following with respect to any goods provided under the Contract, except as otherwise provided on incorporated attachments:

11.4.1.1 Fitness for Particular Purpose

The goods shall be fit and sufficient for the particular purpose set forth in the RFP or other solicitation documents.

11.4.1.2 Fitness for Ordinary Use

The goods shall be fit for the purpose for which goods of a like nature are ordinarily intended, it being understood that the purpose for the goods covered by the Contract are ordinarily intended is general government administration and operations.

11.4.1.3 Merchantable, Good Quality, No Defects

The goods shall be merchantable, of good quality, and free from defects, whether patent or latent, in material and workmanship.

11.4.1.4 Uniformity

The goods shall be without variation, and shall be of uniform kind, quality, and quantity within each unit and among all units.

11.4.1.5 Packaging and Labels

The goods shall be contained, packaged, and labeled so as to satisfy all legal and commercial requirements applicable to use by a government agency, including without limitation, OSHA material safety data sheets and shall conform to all statements made on the label.

11.4.1.6 Full Warranty

The foregoing warranties are "full" warranties within the meaning of the Magnuson-Moss Warranty - Federal Trade Commission Improvement Act, 15 U.S.C. § 2301 et seq., and implementing regulations 16 C.F.R. pts. 700-703, if applicable to this transaction.

11.4.1.7 Title


Contractor has exclusive title to the goods and shall deliver the goods to the State free and clear of all liens, encumbrances, and security interests. If the Contract causes title to vest in the State, the State hereby grants a security interest in the goods to Contractor under the terms set forth in the Contract.

11.4.2Software and/or Hardware Warranties

If the goods include software and/or hardware, the following warranties shall apply in addition to the express warranties set forth above.

11.4.2.1 Software Warranty

Contractor/licensor warrants that for the period specified in the incorporated attachments:

A. Under normal use and service, the media on which the licensed software is delivered shall be free from defects in material and workmanship. If the licensed product fails to meet the media warranty, and the State as licensee gives licensor written notice thereof during the applicable warranty period, licensor shall replace such media.

B. The licensed product will meet licensor's published specifications therefore in effect on the effective date of the Contract. If the licensed product fails to meet the warranty and licensee gives licensor written notice thereof, licensor shall correct the failure, provided that licensee gives licensor detailed information regarding such failure. However, licensor shall not be liable to licensee for the warranty provided herein if (1) unanticipated or unauthorized modifications are made to the licensed product by someone other than licensor, or (2) the media for the licensed product is subject to misuse or abuse.

11.4.2.2 Hardware Warranty

Contractor warrants that, under normal use and service, the hardware and spare parts purchased from Contractor shall be free from defects in material and workmanship, and will meet the Contractor's then current published specifications therefore. If hardware warranted hereunder fails to meet the warranties herein and the State gives Contractor written notice thereof during the applicable warranty period, Contractor's sole obligation shall be to correct the failure by repair, replacement, or adjustment. However, Contractor shall not be liable hereunder if:

A. Unanticipated or unauthorized modifications are made to the hardware by someone other than Contractor;


B. Attachments, features or devices are employed on the hardware that are not supplied by Contractor or not approved in writing by Contractor, including, without limitation, other components of the State's systems; or

C. The hardware is subject to abuse or misuse.

11.4.2.3 Infringement Indemnity

Contractor warrants the purchase or use of the goods shall not infringe upon any United States or foreign patent, and Contractor shall indemnify the State against all judgments, decrees, costs, and expenses resulting from any alleged infringement and shall defend, upon written request of the State, at its own expense, any action which may be brought against the State, its vendees, lessees, licensees, or assigns, under any claim of patent infringement in the purchase or use of Contractor's goods. If the State is enjoined from using such goods, Contractor shall repurchase such goods from the State at the original purchase price. The State shall notify Contractor promptly in writing of any such suit. If the State compromises or settles any such suit without the written consent of Contractor, Contractor shall be released from the obligations of this paragraph and from any liability to the State under any statute or other rule of law.

11.4.2.4 Usage of Trade; Course of Dealings; Implied Warranties

Contractor shall also be bound by any other implied warranty that, at the time of execution of the Contract, prevails in the trade of government in the marketing area in and about the State of Nevada. Contractor shall also be bound by any other implied warranty arising through course of dealings between Contractor and the State from and after the execution of the Contract. Contractor shall also be bound by all warranties set forth in Nevada's Uniform Commercial Code (NRS Title 8) in effect on the date of execution of the Contract.

11.4.2.5 Warranties Cumulative

It is understood that warranties created by the Contract, whether express or implied, as well as all warranties arising by operation of law that affect the rights of the parties under the Contract, are cumulative and should be construed in a manner consistent with one another.

11.4.2.6 Priority of Warranties

If it is held by a court of competent jurisdiction that there is an irreconcilable conflict between or among any of the warranties set forth in the Contract and any warranties implied by law, the parties


agree that the specifications contained in the Contract shall be deemed technical and mere language of description.

11.4.2.7 Beneficiaries of Warranties

Benefit of any warranty made in the Contract shall be in favor of the State, any of its political subdivisions or agencies, and any employee or licensee thereof who uses the goods, and the benefit of any warranty shall apply to both personal injury and property damage.

11.4.2.8 Delivery; Inspection; Acceptance; Risk of Loss

Contractor agrees to deliver the goods as indicated in the Contract, and upon acceptance by the State, title to the goods shall pass to the State unless otherwise stated in the Contract. The State shall have the right to inspect the goods on arrival and, within a commercially reasonable time, the State must give notice to Contractor of any claim or damages on account of condition, quality, or grade of the goods, and the State must specify the basis of the claim in detail. Acceptance of the goods is not a waiver of UCC revocation of acceptance rights or of any right of action that the State may have for breach of warranty or any other cause. Unless otherwise stated in the Contract, risk of loss from any casualty, regardless of the cause, shall be on Contractor until the goods have been accepted and title has passed to the State. If given any, the State agrees to follow reasonable instructions regarding return of the goods.

11.4.2.9 No Arrival; No Sale

The Contract is subject to provisions of no arrival, no sale terms, but proof of shipment is to be given by Vendor, each shipment to constitute a separate delivery. A variation of ten days in time of shipment or delivery from that specified herein does not constitute a ground for rejection. The State may treat any deterioration of the goods as entitling the State to the rights resulting from a casualty to the identified goods without regard to whether there has been sufficient deterioration so that the goods no longer conform to the Contract.

11.4.2.10 Price; Taxes; Payment

The price quoted is for the specified delivery, and, unless otherwise specified in the Contract, is F.O.B. to the delivery address specified above. Unless otherwise specified in the Contract, the price does not include applicable federal or State sales, use, excise, processing or any similar taxes, or duty charges, which shall be paid by the State, or in lieu thereof, the State shall provide Vendor with a tax exemption certificate acceptable to the applicable taxing authority.

11.4.2.11 Governing Law


The laws of the State, including, without limitation, the Uniform Commercial Code in effect on the date of execution of the Contract, shall govern with respect to any goods provided under the Contract.

12. SUBMISSION CHECKLIST

This checklist is provided for vendor’s convenience only and identifies documents that must be submitted with each package in order to be considered responsive. Any proposals received without these requisite documents may be deemed non-responsive and not considered for contract award.

Part IA– Technical Proposal Submission Requirements Completed

Required number of Technical Proposals per submission requirements

Tab I Title Page

Tab II Table of Contents

Tab III Vendor Information Sheet

Tab IV State Documents

Tab V Attachment B – Technical Proposal Certification of Compliance with Terms and Conditions of RFP

Tab VI Section 3 – Scope of Work

Tab VII Section 4 – Company Background and References

Tab VIII Attachment G – Proposed Staff Resume(s)

Tab IX Other Information Material

Part IB – Confidential Technical Submission Requirements

Required number of Confidential Technical Proposals per submission requirements

Tab I Title Page

Tabs Appropriate tabs and information that cross reference back to the technical proposal

Part II – Cost Proposal Submission Requirements

Required number of Cost Proposals per submission requirements

Tab I Title Page

Tab II Cost Proposal

Tab III Attachment J - Cost Proposal Certification of Compliance with Terms and Conditions of RFP

Part III – Confidential Financial Information Submission Requirements

Required number of Confidential Financial Proposals per submission requirements

Tab I Title Page

Tab II Financial Information and Documentation

CDs Required

One (1) Master CD with the technical, confidential technical and cost proposal contents only

One (1) Confidential Financial CD with the confidential financial contents only

One (1) Public Records CD with the technical and cost proposal contents only

Reference Questionnaire Reminders

Send out Reference Forms for Vendor (with Part A completed)

Send out Reference Forms for proposed Subcontractors (with Part A and Part B completed, if applicable)


ATTACHMENT A – CONFIDENTIALITY AND CERTIFICATION OF INDEMNIFICATION

Submitted proposals, which are marked “confidential” in their entirety, or those in which a significant portion of the submitted proposal is marked “confidential” will not be accepted by the State of Nevada. Pursuant to NRS 333.333, only specific parts of the proposal may be labeled a “trade secret” as defined in NRS 600A.030(5). All proposals are confidential until the contract is awarded; at which time, both successful and unsuccessful vendors’ technical and cost proposals become public information.

In accordance with the Submittal Instructions of this RFP, vendors are requested to submit confidential information in separate binders marked “Part IB Confidential Technical” and “Part III Confidential Financial”.

The State will not be responsible for any information contained within the proposal. Should vendors not comply with the labeling and packing requirements, proposals will be released as submitted. In the event a governing board acts as the final authority, there may be public discussion regarding the submitted proposals that will be in an open meeting format, the proposals will remain confidential.

By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to defend and indemnify the State of Nevada for honoring such designation. I duly realize failure to so act will constitute a complete waiver and all submitted information will become public information; additionally, failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information.

This proposal contains Confidential Information, Trade Secrets and/or Proprietary information as defined in Section 2 “ACRONYMS/DEFINITIONS.”

Please initial the appropriate response in the boxes below and provide the justification for confidential status.

Part IB – Confidential Technical InformationYES NO

Justification for Confidential Status

A Public Records CD has been included for the Technical and Cost ProposalYES NO

Note: By marking “NO” for Public Record CD included, you are authorizing the State to use the “Master CD” for Public Records requests.

Part III – Confidential Financial InformationYES NO

Company Name

Signature

Print Name Date


This document must be submitted in Tab IV of vendor’s technical proposal

ATTACHMENT B – TECHNICAL PROPOSAL CERTIFICATION OF COMPLIANCEWITH TERMS AND CONDITIONS OF RFP

I have read, understand and agree to comply with all the terms and conditions specified in this Request for Proposal.

YES I agree to comply with the terms and conditions specified in this RFP.

NO I do not agree to comply with the terms and conditions specified in this RFP.

If the exception and/or assumption require a change in the terms in any section of the RFP, the contract, or any incorporated documents, vendors must provide the specific language that is being proposed in the tables below. If vendors do not specify in detail any exceptions and/or assumptions at time of proposal submission, the State will not consider any additional exceptions and/or assumptions during negotiations.

Company Name

Signature

Print Name Date

Vendors MUST use the following format. Attach additional sheets if necessary.

EXCEPTION SUMMARY FORM

EXCEPTION # RFP SECTION NUMBER

RFP PAGE NUMBER

EXCEPTION(Complete detail regarding exceptions must be

identified)

ASSUMPTION SUMMARY FORM

ASSUMPTION # RFP SECTION NUMBER

RFP PAGE NUMBER

ASSUMPTION(Complete detail regarding assumptions must

be identified)


This document must be submitted in Tab V of vendor’s technical proposal

ATTACHMENT C – VENDOR CERTIFICATIONS

Vendor agrees and will comply with the following:

(1) Any and all prices that may be charged under the terms of the contract do not and will not violate any existing federal, State or municipal laws or regulations concerning discrimination and/or price fixing. The vendor agrees to indemnify, exonerate and hold the State harmless from liability for any such violation now and throughout the term of the contract.

(2) All proposed capabilities can be demonstrated by the vendor.

(3) The price(s) and amount of this proposal have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other contractor, vendor or potential vendor.

(4) All proposal terms, including prices, will remain in effect for a minimum of 180 days after the proposal due date. In the case of the awarded vendor, all proposal terms, including prices, will remain in effect throughout the contract negotiation process.

(5) No attempt has been made at any time to induce any firm or person to refrain from proposing or to submit a proposal higher than this proposal, or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion.

(6) All conditions and provisions of this RFP are deemed to be accepted by the vendor and incorporated by reference in the proposal, except such conditions and provisions that the vendor expressly excludes in the proposal. Any exclusion must be in writing and included in the proposal at the time of submission.

(7) Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. By submitting a proposal in response to this RFP, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor’s proposal. An award will not be made where a conflict of interest exists. The State will determine whether a conflict of interest exists and whether it may reflect negatively on the State’s selection of a vendor. The State reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

(8) All employees assigned to the project are authorized to work in this country.

(9) The company has a written equal opportunity policy that does not discriminate in employment practices with regard to race, color, national origin, physical condition, creed, religion, age, sex, marital status, sexual orientation, developmental disability or handicap.

(10) The company has a written policy regarding compliance for maintaining a drug-free workplace.

(11) Vendor understands and acknowledges that the representations within their proposal are material and important, and will be relied on by the State in evaluation of the proposal. Any vendor misrepresentations shall be treated as fraudulent concealment from the State of the true facts relating to the proposal.

(12) Vendor must certify that any and all subcontractors comply with Sections 7, 8, 9, and 10, above.

(13) The proposal must be signed by the individual(s) legally authorized to bind the vendor per NRS 333.337.

Vendor Company Name

Vendor Signature

Print Name Date



ATTACHMENT D – WSCA-NASPO MASTER AGREEMENT TERMS AND CONDITIONS

The following WSCA-NASPO Master Agreement is provided as a courtesy to vendors interested in responding to this RFP. Please review the terms and conditions in this form, as this is the standard contract used by WSCA-NASPO for all services of independent contractors.

If exceptions and/or assumptions require a change to the WSCA-NASPO Master Agreement, vendors must provide the specific language that is being proposed on Attachment B, Technical Proposal Certification of Compliance with Terms and Conditions of RFP.

To open the document, double click on the icon.

If you are unable to access the above inserted fileonce you have doubled clicked on the icon,please contact Nevada State Purchasing at

[email protected] for an emailed copy.



ATTACHMENT E – INSURANCE SCHEDULE FOR RFP 3091

The following Insurance Schedule is provided as a courtesy to vendors interested in responding to this RFP. Please review the terms and conditions in the Insurance Schedule, as this is the standard insurance schedule used by WSCA-NASPO for all services of independent contractors.

If exceptions and/or assumptions require a change to the Insurance Schedule, vendors must provide the specific language that is being proposed on Attachment B, Technical Proposal Certification of Compliance with Terms and Conditions of RFP.






ATTACHMENT F – REFERENCE QUESTIONNAIRE

The State of Nevada, as a part of the RFP process, requires proposing vendors to submit business references as required within this document. The purpose of these references is to document the experience relevant to the scope of work and provide assistance in the evaluation process.

INSTRUCTIONS TO PROPOSING VENDOR1. Proposing vendor or vendor’s proposed subcontractor MUST complete Part A and/or Part B of

the Reference Questionnaire.2. Proposing vendor MUST send the Reference Questionnaire to EACH business reference listed

for completion of Part D, Part E and Part F.3. Business reference is requested to submit the completed Reference Questionnaire via email or

facsimile to:

State of Nevada, Purchasing DivisionSubject: RFP 3091Attention: Brandon BeachEmail: [email protected] Fax: 775-684-0188

Please reference the RFP number in the subject line of the email or on the fax.4. The completed Reference Questionnaire MUST be received no later than 4:30 PM PT August

19, 20145. Business references are NOT to return the Reference Questionnaire to the Proposer (Vendor).6. In addition to the Reference Questionnaire, the State may contact any and all business references

by phone for further clarification, if necessary.7. Questions regarding the Reference Questionnaire or process should be directed to the individual

identified on the RFP cover page.8. Reference Questionnaires not received, or not complete, may adversely affect the vendor’s score

in the evaluation process.







ATTACHMENT G – PROPOSED STAFF RESUME

A resume must be completed for all proposed prime contractor staff and proposed subcontractor staff using the State format.






ATTACHMENT H – STATE OF NEVADA REGISTRATION SUBSTITUTE IRS FORM W-9

The completed form must be included in Tab II, Financial Information and Documentation of the Part III – Confidential Financial Information proposal submittal.






ATTACHMENT I – COST SCHEDULE

Group A Pricing Schedule

Group B Pricing Schedule

Group C Pricing Schedule

Group D Pricing Schedule

Group E Pricing Schedule

Group F Pricing Schedule






ATTACHMENT J – COST PROPOSAL CERTIFICATION OF COMPLIANCEWITH TERMS AND CONDITIONS OF RFP

I have read, understand and agree to comply with all the terms and conditions specified in this Request for Proposal.

YES I agree to comply with the terms and conditions specified in this RFP.

NO I do not agree to comply with the terms and conditions specified in this RFP.

If the exception and/or assumption require a change in the terms in any section of the RFP, the contract, or any incorporated documents, vendors must provide the specific language that is being proposed in the tables below. If vendors do not specify in detail any exceptions and/or assumptions at time of proposal submission, the State will not consider any additional exceptions and/or assumptions during negotiations. Note: Only cost exceptions and/or assumptions should be identified on this attachment. Do not restate the technical exceptions and/or assumptions on this attachment.

Company Name

Signature

Print Name Date

Vendors MUST use the following format. Attach additional sheets if necessary.

EXCEPTION SUMMARY FORM

EXCEPTION # RFP SECTION NUMBER

RFP PAGE NUMBER

EXCEPTION(Complete detail regarding exceptions must be

identified)

ASSUMPTION SUMMARY FORM

ASSUMPTION # RFP SECTION NUMBER

RFP PAGE NUMBER

ASSUMPTION(Complete detail regarding assumptions must

be identified)


This document must be submitted in Tab III of vendor’s cost proposal.This form MUST NOT be included in the technical proposal.

ATTACHMENT K – CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

By:Signature of Official Authorized to Sign Application Date

For:Vendor Name

Project Title



ATTACHMENT L – FEDERAL LAWS AND AUTHORITIES

The information in this section does not need to be returned with the vendor’s proposal. Following is a list of Federal Laws and Authorities with which the awarded vendor will be required to comply.

ENVIRONMENTAL:

1. Archeological and Historic Preservation Act of 1974, PL 93-291

2. Clean Air Act, 42 U.S.C. 7506(c)

3. Endangered Species Act 16 U.S.C. 1531, ET seq.

4. Executive Order 11593, Protection and Enhancement of the Cultural Environment.

5. Executive Order 11988, Floodplain Management

6. Executive Order 11990, Protection of Wetlands

7. Farmland Protection Policy Act, 7 U.S.C. 4201 ET seq.

8. Fish and Wildlife Coordination Act, PL 85-624, as amended

9. National Historic Preservation Act of 1966, PL 89-665, as amended

10. Safe Drinking Water Act, Section 1424(e), PL 92-523, as amended

ECONOMIC:

1. Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended

2. Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive

Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act

with Respect to Federal Contracts, Grants or Loans

SOCIAL LEGISLATION

1. Age Discrimination Act, PL 94-135

2. Civil Rights Act of 1964, PL 88-352

3. Section 13 of PL 92-500; Prohibition against sex discrimination under the Federal Water Pollution

Control Act

4. Executive Order 11246, Equal Employment Opportunity

5. Executive Orders 11625 and 12138, Women’s and Minority Business Enterprise

6. Rehabilitation Act of 1973, PL 93, 112

MISCELLANEOUS AUTHORITY:

1. Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646

2. Executive Order 12549 – Debarment and Suspension


ATTACHMENT M – 2013 SUMMARY USAGE

The attached document contains the historical usage data from the previous contract. No minimum or maximum level of sales volume is guaranteed or implied.



[email protected] for an emailed copy



ATTACHMENT N – STATES INTENT TO PARTICIPATE

Apart from the Lead State conducting the solicitation, the states listed below have signified their intent to enter into a contract and participate with the State of Nevada for this Request for Proposal. These States are considered Participating States for the purposes of this solicitation and its resulting contracts(s). This Attachment includes state-specific provisions required by law, regulation or procurement practices of the identified states.

Additional states may be added through execution of a Participating Addendum. All States reserve the right to add any State specific terms and conditions to any resultant Participating Addendum signed in response to award(s) based from this procurement.

AlabamaAlaskaIdahoMaine

MissouriMontana

New MexicoNorth Dakota

OregonRhode Island

South CarolinaUtah

VermontWashington


ATTACHMENT O – MODEL SERVICE LEVEL AGREEMENT

Attached is meant to be a model Service Level Agreement. Awarded Vendors are to negotiate their own SLA with each Participating Entity at time of initiating the Participating Addendum.






ATTACHMENT P – DETAILED SALES DATA REPORTING

Detailed sales data reports shall include sales information for all sales under Participating Addendums executive under the Master Agreement. The format for the detailed sales data is show in the attachment:






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